General Information on Being Charged or Arrested
Police can charge you when they see you commit an offence or if they have reasonable belief that you have committed an offence. Although the police usually both charge and arrest you, in the case of some minor offences you may initially only be charged and not arrested. If you have been charged with a crime it’s important that you retain a lawyer as soon as possible.
Remember, police don’t necessarily need a warrant to arrest you. They have broad legal powers to arrest people without a warrant in the following circumstances:
- If you have committed a serious offence
- If you are in the middle of committing a serious offence
- If the police believe you are about to commit a serious offence
- If the police believe there is a warrant out for your arrest
Even if the offence is a minor offence, the police still have the power to arrest you without a warrant in some circumstances where you refuse to identify yourself if they believe that you might repeat the offence or destroy evidence.
What to do if You’re
Being Arrested or Detained
The police are allowed to detain you if they have reasonable grounds to suspect you’ve been involved in a crime. If the police stop you, ask if you are being arrested or detained; it is your right to know. Always ask “am I free to leave?” if the police say you can go, walk away. If the police say you are not free to go, then you are being detained and they must tell you why.
The police may legally detain you where they have reasonable grounds to suspect you’ve been involved in a crime. If you’re unsure whether you’re being arrested, ask police: “Am I under arrest?” If they say that you are, ask them why. They must tell you why you are being arrested.
Rights Upon Arrest
If the police do arrest you then they must inform you of your rights. They will take you to the police station where you will be fingerprinted and photographed. The police also have the power to search you when you are arrested. As mentioned above, you also have the right to speak to a lawyer as soon as possible. The police should provide you with a telephone and a reasonable amount of privacy in order to speak with your lawyer.