What to Do If You’re Arrested in Queensland — Know Your Rights | Sibley Lawyers
By Sibley Lawyers | Queensland Criminal Law | Brisbane
“If you’ve been arrested in Queensland, what happens in the first few hours can shape the outcome of your entire case.”
Being arrested is one of the most stressful experiences a person can face. Whether it happens to you or someone you care about, knowing what to do — and what not to do — in those first critical moments can make a real difference to the outcome.
This guide explains your legal rights when arrested in Queensland.
1. Police Must Tell You Why You Are Being Arrested
Under the Police Powers and Responsibilities Act 2000 (Qld) (s.395), police must tell you the reason for your arrest at the time it occurs. This is not optional — it is a legal requirement.
If police fail to state the reason for your arrest, the arrest itself may be unlawful. This doesn’t mean you should resist — but it does mean the circumstances of your arrest become legally significant.
What to do: Calmly ask: ‘Can you please tell me why I’m being arrested?’ Note whether they answer.
2. You Have the Right to Silence
You do not have to answer police questions beyond providing your name and address when lawfully required to do so.
Silence cannot be used as evidence of guilt in Queensland. You are not required to explain yourself, provide an alibi, or assist police with their investigation.
What to say: ‘I wish to exercise my right to silence.’ Say this clearly and then stop talking.
This is not about hiding something. It’s about protecting yourself from making statements — however innocent they seem — that could later be taken out of context or used against you.
3. You Have the Right to Contact a Lawyer
Before any police interview, you are entitled to contact a lawyer. Under s.418 of the Police Powers and Responsibilities Act 2000 (Qld), police must give you a reasonable opportunity to do so.
Do not participate in a formal recorded interview until you have spoken to a lawyer. What you say in that interview is recorded and can be used as evidence.
Important: Sibley Lawyers’ Essential Services Team is available for QPS officers, QAS employees, corrections, health, childcare and education workers who face arrest or investigation connected to their work.
4. You Do Not Have to Consent to a Search
If police ask to search you, your vehicle, or your belongings, you can refuse consent. Consenting to a search gives police a legal basis for that search — even if they did not otherwise have the power to conduct one.
If police proceed with a search after you refuse consent, they must have a separate lawful power to do so and may be required to state it. A search conducted without proper authority may be unlawful.
What to say: ‘I do not consent to this search.’ You must still comply if police have a lawful power — but make your non-consent clear.
5. You May Be Entitled to Bail
After arrest, you may be taken to a watch house. Police have the power to grant bail at that point. If bail is refused, you must be brought before a court as soon as practicable.
A lawyer can make bail submissions on your behalf and argue for your release on appropriate conditions. The sooner you contact a lawyer, the sooner this process can begin.
If You’ve Been Arrested — What to Do Right Now
Stay calm and do not resist. Resisting arrest is a separate criminal offence that will complicate your situation.
Ask why you are being arrested. Exercise your right to silence. Request to speak to a lawyer immediately. Do not consent to searches or interviews without legal advice.
The decisions made in the first hours after arrest often have the biggest impact on the outcome of a criminal matter. Legal advice early is not a luxury — it’s essential.
Contact Sibley Lawyers: For urgent criminal law advice in Queensland, contact our team at sibleylawyers.com.au. Essential Services Team available for QPS, QAS and essential worker matters.
This post is general information only and does not constitute legal advice. If you have been arrested or are under investigation, please contact a qualified criminal lawyer as a matter of urgency.
Sibley Lawyers | sibleylawyers.com.au | Brisbane, Queensland
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