Getting arrested is never on anyone’s to-do list. One minute you’re going about your day, and the next—bam—you’re in handcuffs, facing questions, flashing lights, and a whole lot of stress. If you’ve been arrested in NSW, you’re probably wondering: What now? What can police do? What should I say? And how do I protect myself?
Take a deep breath.
This guide walks you through everything you need to know in the first 24 hours, in plain English—no legal jargon, no fluff. Just clear steps so you can stay calm, informed, and in control.
🔹 What Happens When You’re Arrested in NSW?
An arrest happens when police:
- Take you into custody,
- Tell you that you’re under arrest, and
- Make it clear you’re not free to leave.
They must also tell you why you’re being arrested—even if it’s a short explanation like “suspicion of assault” or “outstanding warrant.”
And yes, this is a legal requirement.
If police fail to tell you, you can politely ask:
“Am I under arrest? What is the reason for my arrest?”
🔹 Your Rights When Arrested in NSW (Don’t Skip This Part!)
Here are the rights people often forget—but you shouldn’t:
✔ You have the right to remain silent
With very few exceptions, you don’t have to answer police questions.
You can simply say:
“I want to exercise my right to silence. I will not be answering questions.”
✔ You have the right to contact a lawyer
Police must give you a reasonable chance to call a lawyer before any interview.
✔ You have the right to medical help if needed
Feeling unwell? Injured? Police must arrange medical assistance.
✔ You have the right to an interpreter
If English isn’t your strongest language, ask for an interpreter—it’s your right.
✔ You can ask to notify a friend or family member
You’re usually allowed to make a call to let someone know where you are.
🔹 What You Should Not Do When Arrested in NSW
Even innocent people accidentally make things worse by panicking. Avoid:
🚫 Talking too much
Police interviews are recorded for a reason.
🚫 Trying to explain your innocence on the spot
That’s your lawyer’s job later.
🚫 Resisting arrest
This can lead to extra charges—even if the original charge is minor.
🚫 Being rude or aggressive
The calmer you are, the better things will go for you.
🔹 How Long Can NSW Police Keep You?
Police in NSW can detain you for a maximum of 6 hours for investigation purposes.
But—here’s the catch—they can apply for a warrant to extend this by another 6 hours.
That means up to 12 hours total in some cases.
Break times, lawyer calls, and rest periods don’t count toward the time limit.
🔹 The Police Interview: Should You Say Anything?
Short answer?
No—not without legal advice.
When police interview you, they’re not doing it to help you. They want a recorded statement that can be used in court.
Instead, say:
“I do not wish to participate in an interview. I want to speak to a lawyer.”
Police cannot force you to answer questions.
There are only a few exceptions (like giving your name and address).
🔹 The Step-by-Step Guide: What To Do in the First 24 Hours
Here’s your roadmap:
Step 1: Stay calm and don’t resist
Easier said than done, sure—but resisting arrest can land you a brand-new charge. Stay still and speak clearly.
Step 2: Ask why you’re being arrested
You have a right to know. It’s also helpful to your lawyer later.
Step 3: Ask to call a lawyer immediately
You can say:
“I want to call my lawyer before answering any questions.”
If you don’t have one, ask for a Legal Aid hotline contact.
Step 4: Do not answer interview questions
Police may pressure you, but keep calm.
The safest phrase:
“No comment.”
Step 5: Don’t sign anything
Not documents, not statements—nothing—until your lawyer reads it.
Step 6: Keep track of time
This helps ensure police stay within their legal limits.
Step 7: If charged, ask about bail
In NSW, police can grant bail. If they refuse, you’ll see a magistrate—usually the next day.
Step 8: Call someone you trust
Let them know where you are. Support matters.
🔹 Common Mistakes People Make After Being Arrested in NSW
Here’s what gets people into avoidable trouble:
- Oversharing during the arrest
- Trying to talk their way out
- Agreeing to an interview alone
- Believing “If I explain, they’ll understand”
- Forgetting to ask for legal help
- Signing documents without reading them
Don’t fall into these traps.
🔹 When Should You Hire a Lawyer?
Immediately.
The moment you’re arrested in NSW, the clock starts ticking—and what you do next can make or break your case.
A good criminal lawyer will:
- Begin examining evidence
- Protect your rights
- Stop you from saying the wrong thing
- Advise you before interviews
- Prepare arguments for bail
🔹 Wrapping Things Up
Being arrested in NSW is stressful, but knowing your rights gives you power. The first 24 hours are critical—your actions, silence, and decisions can shape your entire legal journey. Remember:
- Stay calm
- Say as little as possible
- Ask for a lawyer
- Don’t sign anything
- Know your rights
When in doubt, keep it simple: “No comment. I want a lawyer.“
Here are some trusted NSW legal resources:
- NSW Police Rights: https://www.police.nsw.gov.au
- Find a Lawyer – https://mycriminallawyers.com.au