If you are in custody your lawyer can assist you in the following ways:

  • Inform you that you are not required to stay at the police station if you have not been put under arrest or detained
  • If you are under arrest, you can expect your lawyer to inform you of your legal rights and help you to exercise them
  • Make sure you are not unreasonably treated by police
  • Help you obtain bail
  • Secure as much information possible regarding any allegations against you, avenues of inquiry being pursued by police, and how you are involved to these inquiries

You can expect your lawyer to observe and record everything in relation to the making of a confession you have given. This is because they will then ascertain whether police have complied with Section 464 of the Crimes Act 1958 (Vic) (‘Crimes Act’) in regards to information that must be given to a person before any questioning starts and the processes to be followed for taking fingerprints and the conduct of forensic procedures. This is important as it goes to whether your confession is ultimately admissible in court.

You can expect your lawyer to consider whether police are unlawfully detaining you at the police station. This will be the case if you are being held for ‘questioning’ without having been arrested pursuant to Section 459 of the Crimes Act (R v Banner [1970]). Your lawyer will ask the reason as to why police are detaining you and seek out their intent on getting you before a magistrate as soon as practicable. This will be to determine whether habeas corpus proceedings can be commenced, that is proceedings for being unlawfully detained by police, albeit uncommon.

Your lawyer should:

  • Be polite and well mannered. Your lawyer will not advance your interests by having a confrontational attitude
  • Be attentive. Your case will involve important dates and may have significant consequences to you so it is vital your lawyer is attentive in that they listen and keep records of what has transpired
  • Remain calm
  • Record the name, rank, number and place of duty of your informant and other police officers that are significant in your matter or whom you have had dealings with.

If you would like any more information or would like one of our expert lawyers to assist you at the police station please contact us anytime on 0403 297 655.