What Are Your Rights if You’re Arrested in NSW?
Being arrested, whether in Sydney or regional NSW, is a serious matter. It can be frightening, confusing, and emotionally distressing. In these moments, knowing your rights can mean the difference between protecting yourself and jeopardising your case. As a criminal defence lawyer serving metro and rural clients, I believe every person should feel empowered with knowledge during a police encounter.
Book your free case assessment now to speak directly with Elizabeth Mansour and receive tailored legal guidance.
Your Core Legal Rights When Arrested:
You must be informed that you’re under arrest and told the reason for it.
You have the right to remain silent, beyond name and address, you are not required to speak.
You can request to speak with a lawyer before answering any police questions.
You must be brought before a court without undue delay, typically within 24 hours.
If you're a non-English speaker, an interpreter must be provided during questioning.
Steps to Take If You Are Arrested:
Stay calm, hostility or resistance can escalate the situation and lead to further charges.
Ask directly: “Am I under arrest?” If yes, clearly state your intention to seek legal advice.
Politely decline to answer further questions until your lawyer is present.
Avoid signing any documents, including cautions or admissions, without legal advice.
Do not post about any details relating to your arrest on social media—it can become evidence.
Mistakes to Avoid During and After Arrest:
Arguing with officers or attempting to run can result in serious charges.
Assuming cooperation guarantees leniency in court—what you say may still be used against you.
Speaking with others in custody about your case can be recorded or used as evidence.
Delaying legal advice, early legal support is critical, especially before interviews.
Book your free case assessment now to speak directly with Elizabeth Mansour and receive tailored legal guidance.
The material provided on this website is for general information purposes only and does not constitute legal advice. Every legal matter is unique, and outcomes will vary based on individual circumstances.
We recommend that you do not act on any information contained herein without first seeking professional legal advice tailored to your situation.
To receive specific legal guidance, please book your free case assessment now with Elizabeth Mansour here
Use of this website or contact form does not create a solicitor-client relationship.