Department Briefing 002
I’ve been arrested.
This may be the most frightening day of your life. Slow down. You do not have to understand everything at once.
Start here.
Being arrested is not the same as being charged. Being charged is not the same as being convicted.
The police investigate. Lawyers advise. Courts decide. The Department helps you understand what has happened and prepare for the next step.
Immediate action
Ask for the duty solicitor.
Legal advice at the police station is free and independent of the police. Ask for it before interview. Do not refuse advice because you think asking for a solicitor makes you look guilty.
Official guidance: legal advice at the police station →Know the basic sequence.
You may be arrested, taken into custody, booked in, advised of your rights, interviewed and then released or charged. Each stage is different. Ask what stage you are at and what happens next.
Use your rights in custody.
You can ask for free legal advice, tell someone where you are, request medical help, see written information about your rights and ask for an interpreter where needed.
Do not improvise the interview.
Listen to your solicitor. A police interview is evidence gathering, not a place to tell the entire history of your relationship without structure. Your adviser may recommend answering questions, giving a prepared statement or exercising your right to silence. Follow qualified advice.
Keep every piece of paper.
Before you leave, check that you have the custody reference, solicitor details, release notice, bail notice, return date and every page of any conditions. Photograph the documents and store copies somewhere safe.
Read every bail condition literally.
Not emotionally. Not how you hope it reads. Literally.
Do not test the edges. If a condition says no direct or indirect contact, do not use children, friends, relatives, social media or “accidental” meetings to get around it.
If you are unsure, do not guess. Ask your criminal solicitor before acting.
Police bail and RUI are different.
Pre-charge bail can include conditions and a date to return to the police station. Released under investigation—often called RUI—normally has no bail conditions or fixed return date, although the investigation continues. Read your paperwork rather than relying on memory.
Conditions may be capable of variation.
If a condition creates a genuine problem—particularly around children, housing, work or collecting essential belongings—do not ignore it. Ask your solicitor promptly about the lawful route to request a change. Until it is formally changed, comply with it.
Do not confuse Family Court and criminal process.
An arrest or bail condition may affect child arrangements, access to the family home and communication. Tell your family lawyer or the Family Court through the proper process. Do not try to solve conflicting arrangements informally.
Children do not understand police bail.
They may simply know that Dad has disappeared or routines have stopped. Do not burden them with allegations or ask them to carry messages. Where lawful, make sure the adults and professionals responsible for them understand the practical impact.
Make a calm custody record.
Record the date and time of arrest, alleged offence, time legal advice was requested, solicitor’s name, interview time, release time, property seized, exact conditions, return date and immediate effect on the children. Facts first. Drama later—if ever.
Before you leave custody
Check you have this.
- Your release or bail notice
- Every page of every condition
- The date, time and place you must answer bail
- Your custody reference
- Your solicitor’s name and contact details
- Details of property retained by police
- A clear understanding of who you must not contact and where you must not go
Department Reminder
Do not test the edges.
Breaking or appearing to evade conditions can create another crisis. Comply first. Seek advice. Use the proper process to ask for variation.
Official information