Greg Connellan, Magistrate, Magistrates’ Court of Victoria
Overview
It is important to understand citizens’ rights and duties in relation to police questioning and what is lawful during an arrest. A citizen’s arrest may occur under certain circumstances. Police have the power to frisk or conduct strip searches. However anyone under arrest has the right to remain silent under police questioning. The law strictly governs the collection and use of evidence such as fingerprints, body samples, photos and voice recordings. Strict limits also surround arrests and questioning of children.
This section includes the following topics:
- Know your rights
- Arrest
- Interrogation
- Evidence
- Arrest and interrogation of children
- Reclaiming the legal costs of defence
A PDF of this chapter from The Law Handbook 2020 can be purchased for only $5.50. To purchase, visit the Fitzroy Legal Service online store.