Arrested after defending yourself.
How long can the Police keep me in custody?
Police are not allowed to hold you in custody after arrest for an indefinite period.
For more legal advice or assistance with any legal matter call me on 0409 078 322
Unless you are suspected of terrorism, you can only be held under arrest for four hours before they either charge you with an offence or let you go, unless an extension is granted by a detention warrant.
A detention warrant can extend the investigation period by another four hours, totalling eight hours but it cannot be extended more than once.
In addition to the maximum time you can be detained is four hours (unless an extension is granted), it is important to be aware that there are a number of events that will not be counted towards the 4 hour limit including, the time it took to get to the station; time taking for procedures such as getting ready for an interview, time taken for you to call a friend or lawyer or to sober up and time taking during the charging procedure.
Things to remember if you are arrested after defending yourself:
When police arrive at the scene they will want to interview you to find out what happened and get your version of events.
You may be cautioned that what you say now may be recorded and may later be used in evidence.
I recommend that you politely refuse to say anything else and do not agree to be video recorded.
The reasons for remaining silent are:
1. You will be in some degree of shock.
2. You will be scared/nervous and possibly intimidated by the situation.
3. Saying too much under these circumstances may adversely affect your defence.
So what should you do?
1. Advise the police that you do not wish to say anything at this point in time.
2. Tell police that you are not willing to participate in a formal interview.
3. Request to make a phone call to your solicitor.
4. Request to be released to allow you to consult with your solicitor.
Check out our other posts about what to do if you have bee arrested
The author of this post, Phil O’Brien is a solicitor with Sydney firm Teddington Legal and a martial arts instructor who has taught reality based self defence in Western Sydney for the past twenty five years, he has extensively studied both the physical and psychological elements of self defence.
Should you require the services of a solicitor in regard to the use of self defence or any other legal matters, Phil can be contacted at firstname.lastname@example.org or via www.teddingtonlegal.com.au or directly on 0409 078 322
This is general information only; it does not replace advice from a qualified solicitor in your state or territory. It is recommended that should require legal advice you should seek advice from a suitability qualified and experience legal practitioner in your state.