Being arrested

Being arrested means that you are taken under the control of the police and you are no longer free to go where you wish.  A police officer may arrest you if you are or have just committed an offence, or you have committed a serious indictable offence for which you have not been tried.  This is should be read with the rest of s99 Law Enforcement (Powers and Responsiblities) Act 2002 (NSW). Also see the Code of Practice at the end of this page in relation to arrest.  

You will know you are arrested when you are told by a police officer that you are under arrest. The police officer should (but often don't) tell you why you are being arrested.  If you have not been told, you should ask.  

This means that if you refuse to move or you lie down in order to avoid being arrested, police can simply pick you up or force you to move. Once you are arrested, it is a further offence to resist or abuse the police.

When you have been arrested, you will ordinarily be taken to the nearest police station for questioning.

Police have no general power to detain you unless you have been lawfully arrested. Police cannot arrest you for questioning.

There is an additional CRIME Code Of Practice available from the NSW police website which has information on being arrested.