When the police arrest or detain you: Your rights and their duties

Cases: [1993] 1 NZLR 528 (CA) Practice Note [2007] 3 NZLR 297

If the police arrest you, or if you’re not under arrest but the police are holding you (for example, for a search for illegal drugs or weapons), you have these rights:

• they have to treat you with humanity and respect
• they have to tell you, at the time they make the arrest, the reason for it (unless this isn’t practical or the reason is obvious in the circumstances)
• if the police have an arrest warrant, they have to show you the warrant as soon as practical after the arrest if you ask to see it
• you have the right to remain silent
• you have the right to talk to a lawyer, in private and without any unreasonable delay, and the police also have to tell you that you have this right, including that you can talk to a lawyer for free under the Police Detention Legal Assistance scheme (for more details about the PDLA scheme, see: “Free legal advice when you’ve been arrested”)
• the police have to charge you promptly or else release you
• if they don’t release you they have to bring you before a court as soon as possible.

Note: If the police breach any of those rights, that could be taken into account if you go to court to challenge the arrest as being unreasonable.