Free guide · After-hours arrest
After-hours arrest checklist.
The first six hours. What to say, what to refuse, who to call, and what to record. Print a copy, keep one in the car, one in the wallet. Free. No email required.
What is in the checklist.
- The first six minutes. What to do from the moment the caution is given.
- The phone call. Who to call, when, and what to say. The phone call is recorded.
- The interview offer. The answer is no in almost every case. Section 89 and the narrow s 89A exception.
- Searches, devices, identification. Three things you do not consent to.
- Charge decisions and bail. Bail at the station, bail refused, the next-morning bail court.
- The wallet-card checklist. The single page to keep if you forget everything else.
Why we are giving this away.
Most arrests happen out of business hours. The decisions made in the first six hours - whether to interview, whether to consent to a phone search, whether to give an account in the back of the divisional van - shape the rest of the matter. The card is short on purpose. Read it once, print a copy, keep it accessible. The number on the back is 0421 717 019; the line is staffed.
Future guides
Send me future guides as we publish them.
No newsletter, no marketing. An email when we publish a new free guide. Unsubscribe at any time by reply. On submission your email app will open with a pre-filled message.
Want the longer version?
The companion article on the website covers the right-to-silence framework at length, with full citations. Read “If police want to interview you, the right answer is usually no” →
This card is general legal information about New South Wales criminal procedure. It is not legal advice for any particular case. The Evidence Act 1995 (NSW), LEPRA and the case law on the right to silence change. For advice on a real matter, contact us through our contact page or phone 0421 717 019.