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Victorian legal guide

What are my rights if I’m arrested in Victoria?

General information for people in Victoria · ORLA Connect

If you're arrested in Victoria you have the right to remain silent (beyond giving your name and address), the right to speak to a lawyer, and the right to be told why you're being held. It's usually wise not to answer questions about the allegation until you've had legal advice. Here's what to know.

The right to silence

You generally must give your name and address, but you don't have to answer questions about the allegation. What you say can be used as evidence, so getting advice first matters.

The right to a lawyer

You can ask to speak to a lawyer before a police interview. It's sensible to use that right before deciding whether to answer questions.

What police can do

Police can hold you for a reasonable time to investigate and may conduct an interview. You can still say you wish to remain silent and speak to a lawyer.

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Do I have to answer police questions?
You generally must give your name and address, but you don’t have to answer questions about the allegation. Get legal advice first.
Can I speak to a lawyer before a police interview?
Yes — you can ask to speak to a lawyer before an interview, and it’s wise to do so.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.