Arrest rights

I’m sure you’ve heard it before,

You have the right to remain silent when questioned, anything you say or do may be used against you in a court of law, you have the right to consult an attorney before speaking to police and to have an attorney present during questioning now or in the future…”

In one of the very few instances, things aren’t too different here than they are in Hollywood.  While we don’t have the Miranda warning in South Australia, we do have similar rights.  Summary Offences Act 1953 (SA) section 79A(3)(a) states: a police officer must, as soon as practicable following the arrest of a person, inform that person of their arrest rights.

The main rights are:

  1. You are entitled to refrain from answering any questions while in police custody (unless there is a law of Act requiring you to answer the question)
  2. You are entitled to make a telephone call to family member, a friend or a solicitor
  3. You are entitled to have a solicitor, family member or friend present during your interview
  4. If English is not your native language you may be asissted by a interpreter during your interview

Here at Mangan Ey & Associates we often receive calls from people who have been arrested.

Our advice is always; do not answer any questions until you have obtained legal advice.

It is very important to obtain legal advice from a Adelaide criminal solicitor.  There are certain questions that have to be answered by police.  You are required to: state your name and personal details.  You are also required to answer questions in relation to the identity of drivers and possession of firearms or ammunition in particular circumstances.  If you fail to answer these questions or answer truthfully you would be committing an offence.

As an arrested person it is your right to remain silent and it is ordinarily our advice to exercise that right.  There may be some circumstances that, after discussions with one of our Adelaide criminal solicitors, that you may wish to provide a short pre-prepared statement to police.  However we cannot stress enough the importance of speaking to an experiences criminal solicitor or traffic solicitor.

If you have been arrested or have an appointment to speak to police, we encourage you to contact our office.  We are available at all hours.