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Legal guide · Victoria

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

You have the right to remain silent (beyond your name and address) and the right to speak to a lawyer. It’s usually wise not to answer questions until you’ve had advice.

Criminal & traffic

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.

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 — and 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.

How we help

We give urgent advice before interviews and act for you. Book a consult — the earlier the better.

Common questions

Good to know

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 an interview?

Yes — you can ask to speak to a lawyer before an interview, and it’s wise to do so.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

Arrested or being questioned? Get advice first.

Speak with an experienced Victorian lawyer — book online, or call us 24/7.

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