Police contact can result in:

1. No intervention
2. Pre-Charge Diversion
3. Taken to hospital for Assessment
4. Charged with an Offence

What’s the difference between being detained or arrested?

Detained:

• If the police detain you, it means you are not allowed to leave for a short period of time while they figure out if they have reasonable grounds to think you are connected to a crime.

• You do not have to answer any questions when you are detained.

• You may be pat down by the officer to see if you have any weapons or items that could be dangerous.

Arrested:

• You are officially being taken into custody so you can be charged with a criminal offence (for example: Theft under $5000).

• Custody means that you are not free to leave until the police let you and you may be handcuffed.

• The police will search you more thoroughly. They may be able to search your pockets, a backpack, car etc.

If you are taken into custody, and formally charged with a criminal offence the police will either:

• Release you with release documents.
• Hold you in custody until you can go for a bail hearing.

What are my rights?

• You have the right to know why you are being detained or arrested.
  • You can ask the police “Am I free to go?” or “Am I under arrest?”
  • If you are under arrest, they have to tell you why.

• You have the right to refuse to answer any questions or remain silent.

• You have the right to be searched in a proper manner with respect.

• You have the right to ask to talk to a lawyer.

Tip: If you are being arrested, don’t resist or fight back. This will result in more criminal charges.