As an arrested person you have certain rights that arise as soon as you are arrested:
a) to be informed, in a language that the person understands, of
- the reason for the arrest;
- the right to remain silent; and
- the consequences of not remaining silent;
(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence; this means that one is not a prisoner and they have a right to be held in remand and not prison meaning one still has their ‘home clothes’.
(f) to be brought before a court as soon as reasonably possible, and not later than
- twenty-four hours after being arrested; or
- If the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;
(g) at the first court appearance, to be charged or
informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. It is important to know that bail is payable in installments.