Arrest by Police

Do not resist. Follow the police to the station quietly. Do not answer any questions from the police except for your legal name, date of birth and address. If the arrest is unlawful under the Police Powers and Responsibility Act 2000 (PPRA) you may have a civil action but now is not the time to dispute that.

Ask for a Notice to Appear / Summons (do this immediately)

Call your Lawyer on 1300 697 257

Arrest with a warrant
(skip this if arrest is without a warrant)

Arrest with a warrant (failure to pay fine / appear)

A warrant is a written authority from a justice of the peace, magistrate or judge for the arrest of a named person. An arrest warrant can be issued on the basis of sworn evidence from a police officer about a suspected offence for the failure to pay a fine, for a failure to appear in court or for a breach of parole. A warrant authorises any police officer to arrest the person named, wherever and whenever that person is found.

Arrest without a warrant
Most likely occurred after an incident

Arrest without a warrant (suspected of a crime/s)

If you are suspected of a crime the police are able to arrest you without a warrant provided they consider it reasonably necessary.

Ask for a Notice to Appear / Summons (do this immediately)

Notice of Appear / summons
Minor offences only

Notice to appear / summons (ALWAYS request for this)

If the offence is minor you can ask the police to issue you with a notice to appear / summons.

Notices to appear are generally issued for minor offences, or in situations where police do not consider the person charged to be any risk of failing to appear or of interfering with witnesses. A person being charged should always ask police to issue a notice to appear, as this will avoid them being formally processed and detained in a watch-house sometimes overnight.

Reason for arrest
occurs immediately after arrest / while being arrested

Police advise of reason for arrest

Immediately after advising you that you are under arrest the police will advise why you are under arrest.

Always ask if it is not clear and write the details down as soon as possible.

Call your Lawyer on 1300 697 257

Placed into custody
Usually taken back to the watch house

Placed into police custody

After the police advise that you are under arrest and provide reasons you should voluntarily surrender to the officer’s control.

If you fail to surrender voluntarily you may be physically subdued and face the risk of further charges.

Do no answer any questions except your name, date of birth and address.

Call your Lawyer on 1300 697 257

occurs immediately after entering watch-house

Processing – ask to call your lawyer

At your first opportunity you should call your lawyer. We are available at all hours of the day (we know police have a habit of serving warrants at 2:00 am in the morning). Call us immediately on 1300 MY QCLS (1300 697 257).