What Do I Do If I’ve Been Arrested in WA?

Being arrested can be frightening, particularly if you have never had any involvement with the criminal justice system before. Many people are unsure what their rights are, whether they should answer police questions, and what happens next. If you have been arrested in Western Australia, there are several important steps you should take to protect your rights and put yourself in the best possible position moving forward.

What should I do if I am arrested?

If you are arrested:

• Remain calm.
• Do not resist police.
• Provide your name, address and date of birth if required.
• Listen carefully to what police tell you.
• Ask why you are being arrested.
• Contact a criminal lawyer as soon as possible.
• It is generally best not to answer any other questions unless you are required to. Many people make their situation worse by becoming argumentative or trying to explain themselves before receiving legal advice.

Can police arrest me without warning?

Yes. Police can arrest a person if they reasonably suspect they have committed, are committing, or are about to commit an offence. An arrest does not mean you have been found guilty. It simply means police believe they have grounds to investigate or charge you.

Do I have to answer police questions?

Generally, no. Apart from providing your identifying details in certain circumstances, you have the right to remain silent. You should be extremely cautious about participating in a police interview without first obtaining legal advice. Even seemingly harmless explanations can later be used as evidence. There is an exception for some road traffic matters, but the police will advise you of what is a mandatory question if they are asking mandatory questions.

Should I participate in a recorded interview?

Generally, no. In most cases answering questions is likely to be unhelpful. However if you have an alibi it may help.

Can I contact a lawyer after being arrested?

Yes. If you are arrested, you should ask to speak with a lawyer as soon as possible. Early legal advice can make a significant difference to the outcome of a case. A lawyer can advise you about:

• Police interviews.
• Bail applications.
• Court procedures.
• Potential penalties.
• Defence options.

What happens after an arrest?

This depends on the circumstances. Police may:

• Release you without charge.
• Issue a summons to attend court later.
• Charge and release you on bail.
• Refuse bail and keep you in custody until a court determines bail. The seriousness of the allegation, your criminal history and your personal circumstances can all affect what happens next.

Will I get bail?

Many people are granted bail after being charged. However, bail is not automatic. Factors considered include:

• The seriousness of the charge.
• Your criminal history.
• Whether you have previously breached bail.
• The risk of committing further offences.
• The risk of failing to attend court. If bail is refused by police, you may be able to apply to a court for bail.

Do I need a criminal lawyer?

If you have been arrested, obtaining legal advice as early as possible is one of the most important things you can do. A criminal lawyer can:

• Explain your rights.
• Communicate with police on your behalf.
• Advise about interviews.
• Assist with bail applications.
• Prepare your defence.
• Represent you in court.

What should I do immediately after being released?

As soon as possible:

• Keep copies of any documents provided by police.
• Make a note of any witnesses.
• Avoid discussing the matter on social media.
• Obtain legal advice before speaking further about the allegation.

Does being arrested mean I will be charged?

No. Police may continue investigating and decide not to proceed with charges.

Can police take my phone?

In some circumstances police may seize property as evidence.

What if I think police treated me unfairly?

Do not argue at the police station. Record the details and discuss the issue with your lawyer later.

Need advice after being arrested?

This is general information only. If you have been arrested in Busselton, Bunbury, Margaret River, Dunsborough or elsewhere in Western Australia, obtaining legal advice early can make a significant difference. Boudica Criminal Law focuses exclusively on criminal and traffic law and regularly assists people facing police investigations, arrests, bail applications and criminal charges throughout Western Australia. You can contact us here.