Rights after arrest

As soon as reasonably practicable after an arrest, police must tell the arrested person that:

[Summary Offences Act 1953 (SA) s 79A]

If a person is intoxicated or in a heightened state when they are arrested, these rights should be repeated to them once they have settled down or sobered up [Robinett v Police [2000] SASC 405 at [31]].

Police may stop an arrest person calling a relative or friend if they reasonably suspect that this may result in the destruction or fabrication of evidence or the escape of an accomplice [s 79A(2)].

If a lawyer, relative or friend attends a police station and a request to speak to the arrested person is refused, that person should take notes of the names of all persons spoken to and what was said. This may help cast doubt on the credibility of any interview conducted with the suspect.

If it appears that the arrest is unlawful, a verbal objection should be made to the officer in charge of the police station.