Arrest, search, interrogation and your rights

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:

 

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