Being Arrested

It is not necessarily an offence to refuse to co-operate, for instance by lying down. You don’t have to help police arrest you, but they may use “reasonable force” to take you into custodyControl; e.g. when arrested and not free to leave; formerly, care and control of a child. More.

The Victorian Police Manual states that:

“Passive resistance – means a non-violent refusal to cooperate, including a refusal to comply with directions. This does not include the linking of arms nor the holding onto of structures.”(VPM Instruction 107-1 Crowd control 3/11/03)

It is also not an offence to run away before an arrestTo take into custody. More takes place.

However, running away may be used in court as evidence of your “consciousness of guilt” (that you knew you were doing something illegal).

If you are arrested and taken to police cells, the police will usually try to interview you (ask you questions about what happened).

You should demand to speak to your lawyer before a police interview.

You can also decide to give a “no comment” interview. This means: answering “no comment” to every questions (except your name and address). 

If you are participating in a protest, it is a good idea best to have the phone number of a lawyer with you.

If you don’t have the this, you can ask police for a list of available lawyers.

If police refuse you access to a lawyer, you can give a “no comment” interview. When you get out, speak to a lawyer and tell them the police refused you access to a lawyer. 

If you are Aboriginal or Torres Strait Islander, you should tell the police immediately.

The police must then notify the Victorian Aboriginal Legal Service.

VALS will then conduct regular welfare checks on you and try to speak with you.

It is your decision if you want to speak with VALS.

VALS can assist you with health or other needs in custodyControl; e.g. when arrested and not free to leave; formerly, care and control of a child. More as well as speaking to a VALS lawyer.

If you are not an Australian citizen, you should tell the police immediately.

You must be allowed to contact your consulate, if you want to.

If you believe you were arrested unlawfully or if you were hurt by police, it is important to find people who witnessed your arrestTo take into custody. More.

It is important to ask these witnesses to write a statement of what they saw and to give you any photos or videos that have of your arrestTo take into custody. More. 

It is very important to get details about the identity of the police who arrested you. Sometimes different police turn up in court claiming to be the arresting officer. If you can expose that with your own evidence, the police evidence will be disregarded.