What do I do if a family member is arrested by police?
By Ward Keller | January 2025
Author | Partner, James Stuchbery
Having a family member arrested by Police is a stressful experience. It is natural to feel upset, angry, confused and helpless, but there is no doubt your family member will be best assisted if you can stay calm and process the situation rationally.
It is critical to obtain legal advice and representation for your family member as soon as possible after their arrest. Engaging a lawyer to act on your family member’s behalf is the best way to ensure they are treated fairly, and their rights are protected, during their time in police custody.
1. At the time of arrest:
- Do not hinder police: If you are concerned about the way in which a family member has been treated by Police, make contemporaneous notes of your concerns. Police are obliged to have their body-worn cameras activated when arresting a person, but this is not always the case and, in any event, not all parts of an interaction will be captured.
- Ask why: Police must provide the person a reason for their arrest. Police will not always give full details of any allegation underpinning an arrest, but they are obliged to provide basic information sufficient for a person to understand what they are being arrested for.
- Ask where: Confirm which police station your family member is being taken to. Ordinarily, this will be the Darwin Watch House or Palmerston Watch House if your family member is arrested in Darwin or Palmerston. The major regional centres of Katherine, Nhulunbuy, Tennant Creek and Alice Springs all have Watch Houses that operate 24 hours a day.
2. Following arrest:
- Contact a lawyer: When speaking to a lawyer, provide them with your family member’s name and date of birth, and the details you have been able to obtain from Police. Your lawyer will then call Police and confirm they have been retained to act on your family member’s behalf, and request Police facilitate contact with your family member for the purpose of providing them with legal advice.
- Make arrangements for bail: A lawyer can assist a family member in custody to put forward a bail proposal to the Custody Sergeant or, when Police have refused bail, the on-call Judge. Bail proposals must appropriately address the factors outlined in the Bail Act 1982 (NT) which are, generally:
• Risk of reoffending (and other safety concerns).
• Risk of non-attendance at court.
• The particular interests of the individual.
3. At court and beyond:
- Bring necessary documents and materials to support a bail application: Sometimes it is not possible to make arrangements in preparation for a bail application in the hours following an arrest, which can result in a person being refused bail. If your family member was not successful in obtaining bail following their arrest, they are entitled to make a bail application when they are first brought before the court. Use the time in between their arrest and their first appearance in court to work with a lawyer to develop a comprehensive bail plan and bring any supporting materials with you.
- Have a plan if bail is refused or is otherwise not possible: While it is highly desirable that an accused person is released on bail pending finalisation of their charges, in many cases (especially involving serious offending) bail may not be granted, or the court may adjourn the consideration of bail pending a report on a person’s suitability for bail supervision (i.e., an electronic monitoring device or “ankle bracelet”). If a family member is remanded in custody, it is important to think of what practical assistance they will need to manage their affairs. A lawyer can assist with drafting powers of attorney and authorities on behalfof an accused person to allow a family member or friend to managetheir financial and personal affairs while they are in custody.
- Don’t do anything that will prejudice the case: It is especially important that you refrain from making any public comment about the case on social media or discussing the case with other people. This is especially so if you are a witness to the alleged offending. Attempts by an accused person’s family to contact victims and witnesses can be especially detrimental to their prospects of obtaining bail and can, at times, result in charges being brought for attempting to pervert the course of justice (and other like offences).
Ward Keller offers emergency assistance to persons arrested by Police 24-hours-a-day, 7-days a week. Call us on 1800 978 360 to speak to a member of our team.
Michael Penman (Alice Springs) and James Stuchbery (Darwin) have over 25 years of experience in criminal law between them and are highly respected leaders in the field. Our experienced, diligent and dependable team should be your first choice for legal representation in any criminal law proceedings.
We offer competitive fees and unrivalled service and will fiercely protect your interests every step of the way.
For more information: https://www.wardkeller.com.au/areas-of-law/personal/criminal-law/
