When an Accused is Arrested

When the police arrest someone, they must tell the person why they are being arrested. They must also tell the person that they can talk to a lawyer right away and that free lawyers are available to answer questions. The person being arrested must tell the police his or her name and address, and go with the police to the police station. To learn more, see The Arrest Handbook.

A person who is arrested has the right to have a private conversation with a lawyer, by telephone. Many police stations have a list of lawyers who can help an accused person. A person who is arrested should talk to a lawyer before answering questions from the police. He or she has the right to remain silent and not answer the police’s questions, but a lawyer can advise if that is the right thing to do.

Once someone is arrested, the police can search that person for drugs, weapons, and any other evidence that might relate to the offence he or she was charged with. The police can take photographs and fingerprints from a person who is charged with a serious offence.

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