Best Criminal Lawyers Sydney

Have you been stopped by Police in Australia? If police stop, you are in public or you are pulled over by the police whilst driving. It is important to know that the officer may have formed reasonable grounds to believe that you have or are committing an offence. Therefore, you should always comply with all the requests of the police. And must contact one of the best criminal lawyers Sydney.

The police officer may want to start a conversation with you to see how you react. Therefore, it is very important for you to remain calm and answer all the questions truthfully and honestly. The Officer may ask you to provide your ID.

Please note, you are required to provide your ID to the police officer for him to identify you, however, you are not legally required to answer any other questions asked. If you may feel that the questions asked are objective, you are within your rights to decline to answer.  Although, this may make the police officer suspect criminal activity and he may take other actions against you.

Division 4 of the Crimes Act 1914 (“the Act”) deals with the requirements, power of arrest, warrants, power to search, identification, and related matters which are dealt with under Sections 3V to 3ZQ of the Act.

POWER OF ARREST

There are two different types of arrests. Arrest without a warrant and Arrest with a warrant.

• ARREST WITHOUT A WARRANT

The police officer may arrest a person without a warrant under section 3Wof the Act, if he has reasonable grounds to believe that the person has or is committing an offence and proceedings by summons would not achieve the purpose. e.g., upon suspicions of offence of terrorism (3WA).

• ARREST WITH A WARRANT

The police officer may arrest a person with a warrant under section 3ZA, upon issuance of a warrant by the issuing officer, which must contain the reasons for making an arrest or any other reason justifying the issuance of a warrant.

USE OF FORCE WHILE MAKING AN ARREST

The police officer while making an arrest must avoid any acts that might result in the death of a person. Or cause grievous bodily harm unless he has reason to believe that it is necessary to protect life or to prevent serious injury to other persons.

RIGHTS VIS-À-VIS ARREST

At the time of the arrest, the Person must be informed about the grounds of arrest and the substance of offence under section 3ZD.

• When carrying out a search, the police officer involved is required to provide their name, place of duty, and reasons for the search.
• The police officer must make sure the person being arrested whether with or without a warrant is aware that anything he says may be taken down and used as evidence.
• In case of a violent arrest, or in instances where the person arrested is unable to comprehend their rights due to intoxication or any other factor. He must be made aware of his rights once he is settled down and sobered up. However, at times reasonable force was considered necessary and can be used to carry out searches. And other police officers or persons may assist.
• After the arrest, the person arrested has a right to make a telephone call (in the presence of a police officer) to a relative or a friend to inform them of the situation and his location. The arrested person has the right to make multiple calls if unanswered the first time. However, the arrested person may be refused that call, if the Officer has reasonable cause to suspect that communication between the person in custody and that particular person would result in steps made to avoid apprehension or the destruction or fabrication of evidence.
• If the arrest has been made based on suspicion the arrested person retains the right to have a solicitor, a friend, or a relative present during his interrogation and investigation at all times till he remains in police custody.

Non-Native Arrested Person

• In case the arrested person is not a native speaker of English. They have the right to seek the assistance of an interpreter. The police officer must then wait for the interpreter to arrive and further continue his questioning. This rule also extends to forensic procedures and in instances of inmate search.

Forensic Procedure

• The Forensic Procedure or Search of an arrested person must be carried out humanely with care in a reasonable practice. And in such a way that does not offend any cultural value, religious belief humiliation, infliction of harm, or embarrassment.
• When a person has been arrested on suspicion of having committed an offence. They have a right to not answer any questions except when otherwise required to do so under the law such as a request for personal details. A request for information about the identity of the driver, a request for information regarding a firearm, or any drug offences.
• The Police officer must inform arrested person of his rights to bail in writing explaining to him release on bail. And a Form to apply for a release soon after they reach the nearest police station.

RIGHT OF BAIL

After an arrest has taken place and the charging at a police station the arrested person has the right to apply for Bail. The bail may be refused if:

• The Arrested Person is a risk to the protection of the alleged victim(s) or the community
• The Arrested Person has previously failed to comply with a bail undertaking
• The Arrested Person committed an offence while on bail, parole, probation, or a good behavior bond
• The Arrested Person charged with an offence is serious, or
• The Arrested Person is a flight risk.

Best Lawyer in Sydney

It is very important that you are aware and equipped with the necessary knowledge required to protect your rights. There are many criminal defence lawyers providing services in Sydney. However, to choose the best criminal lawyer Sydney, consider those who have been practicing in this field for quite sometime.

A criminal lawyer in Sydney with experience can help you to handle your case with ease. Sultan Legal is one of the best criminal lawyers Sydney.

If you need a lawyer in Sydney who can take your case and offer special attention to your case. You will not find a better one than at Sultan Legal. Kashif Sultan is the principal Solicitor of the firm and has handled many cases for people facing criminal charges.