Depending on the seriousness of the alleged offence and your physical and mental state at the time, police will keep you either in an interview room at the police station, or the police station’s cells.
Bail is authority to be at liberty while an Accused’s matter is being determined by the Court. In order to be granted bail, an accused or their legal representative must make a Bail application.
Typical Bail conditions are:
If in custody due to police suspecting you of committing an offence, they may only detain you for a reasonable time (but no longer than 6 hours). In order for the police to keep you detained for longer than 6 hours, a senior officer must approve.
If approved, police can keep you for a further 6 hours (maximum 12 hours). If the police wish to keep you detained for a duration that exceeds the 12 hour limit, they must get approval from a Magistrate or charge you and refuse to place you on bail. If you are refused bail by the police your Tehan Legal Lawyer can make an application for bail before a Magistrate.
If arrested by the police you have the right, regardless of the circumstances, to be given a reasonable chance to communicate with a family member or friend to inform them of your location.
Police can only refuse you the right to contact a family member or friend if they reasonably suspect the contact will inform an accomplice to get away from police, to destroy or hide evidence or put someone in danger.
Generally police need a search warrant in order to search your vehicle, but in certain circumstances the police may search your vehicle without a warrant when they reasonably suspect the following:
Police may enter your premises under these circumstances:
In Australia we have the right to silence, this means: