STUDENT RIGHT WHEN ARRESTED

POLICE POWERS
If you are driving a vehicle, the police can ask you to stop, give your name and show
your driver’s licence or ID book. You must do this. The police may ask for your full
address if they suspect you of committing or being involved in a crime. Before you
provide this information, you are entitled to ask the police for their name and ID
document, and they should provide this information to you. You must then give your
address. You do NOT have to answer any further questions. If the police ask you to
go to the police station to make a statement, you can refuse to go, but they may then
decide to arrest you.
If the police want to search you or take your property, you can demand to see their
search warrant. They can normally only search the people or property mentioned in
the warrant. However, the police have the right to search you if you are arrested, or if
they have good grounds for thinking that a warrant would be granted because you are
hiding evidence. Only policeMEN can search men, and policeWOMEN can search
women.
Police and traffic officials can request a blood or breath sample from you once you
are arrested, and it is an offence to refuse to co-operate. A blood sample may only be
taken by a registered nurse or medical practitioner. Police may also take your
fingerprints, palm prints or photographs of you, and you must cooperate.
ARREST
Police can only arrest you if they want to charge you and take you to court, or if you
are a suspect. If they have a warrant, they are entitled to arrest you, but they can arrest
you without a warrant if:
• they catch you while you are apparently committing a crime
• they suspect you of involvement in a crime, including a drug or liquor
offence
• they think you have not paid a fine which the court ordered you to pay
• you are carrying a dangerous weapon without good reasons
If they ask you to accompany them to the police station and you agree, there is no
need to arrest you. However, it is your right not to go with them unless they arrest
you. If they arrest you, the police must tell you that you are under arrest, and must
tell you what offence they think you have committed. Police CANNOT arrest you
just to scare you, or if there is no good reason to suspect that you committed an
offence.
IF YOU ARE ARRESTED
1. You must be informed of the reason why you are being detained.
2. No undue force should be used against you: if you do not resist or struggle, no
physical control should be used against you.
3. You must be taken straight to the police station
4. You have the right to communicate with a person of your choosing (E.g. your
warden, a parent, next-of-kin or legal practitioner)
5. You do not have to answer any questions except to give your name and
address
6. You should be brought to court within 48 hours after arrest, or the first court
day thereafter, if the 48 hours expires after normal court hours or over a
weekend/public holiday.
If you are under the age of 18 years:
• you should not be detained at all, and if you are, it should be for a short time
only
• you may be released into the care of your parents or guardian
• you must be detained separately from adult detainees
• you should be treated in a manner and kept in conditions that take account of
your age
WHAT TO DO IF YOU ARE ARRESTED
• Do not struggle or swear at the police
• Show your ID book and give your name
• Do not discuss your case with anyone or sign any statements
• Request to see a lawyer as soon as possible: you have a right to a legal
representative to consult with and represent you if you go to trial
BAIL
If the police arrest you, you can usually pay bail money and go home until the date of
your court case. The amount depends on the severity of the alleged offence and the
previous record of the detainee. You should inquire whether you can be released on
warning, police bail or whether an after-hours prosecutor can determine a bail amount
After the court hearing you will get your bail money back, even if you are found
guilty, unless you break bail conditions.