What Happens After You’re Arrested in Queensland? A Step-by-Step Guide
Being arrested is a confronting experience. Whether it’s your first encounter with the police or not, knowing what to expect — and more importantly, knowing your rights — can make a significant difference to the outcome of your case. At Cridland & Hua, we believe every individual deserves to be treated fairly, and that begins with access to clear, accurate legal information.
This guide outlines the key steps following an arrest in Queensland — from the moment you’re detained, through to police questioning, bail, and your first court appearance. We’ll also highlight your legal rights at each stage, so you know how to protect yourself from the outset.
Step 1: The Arrest
In Queensland, police have the power to arrest a person if they reasonably suspect that:
- An offence has been committed,
- A warrant is in force for their arrest,
- It is necessary to prevent further offending, or
- It is necessary to ensure the person appears in court.
Police must inform you that you are under arrest and explain the reason. While television dramas often exaggerate the formality of arrest, the essential requirement is that you’re made aware — in plain terms — that your liberty is being restricted and why.
You are not legally obliged to answer police questions beyond providing your name, address, and date of birth. This is important. Saying the wrong thing — even unintentionally — can hurt your case later. Politely assert your right to silence and request to speak with a lawyer immediately.
Key Legal Protections:
- Right to Silence: Under Section 397 of the Police Powers and Responsibilities Act 2000 (Qld), you are entitled to remain silent when questioned by police. This is a foundational legal right, and choosing to exercise it cannot be held against you later in court.
- Right to Legal Representation: You are entitled to contact a lawyer and should do so as soon as practicable. Police must give you reasonable facilities to make this call. Do not attend a police interview or provide a statement without speaking to your lawyer first.
Source: Queensland Government – Police and Your Rights
Step 2: Police Questioning
After being taken into custody, you may be interviewed by police. Police are required to record formal interviews electronically (audio or video), and must again remind you of your right to remain silent. This is sometimes referred to as the “caution”.
You are not obligated to answer any questions beyond the basics required by law (name, address, DOB). Anything else — even “harmless” small talk — may be used against you later.
Time Limits on Questioning:
- Police can detain a person for up to 8 hours, but only 4 of those hours can be spent actively questioning you.
- Any extension to this period must be authorised by a magistrate.
You have the right to communicate with a lawyer, friend or relative during this time. You may also request an interpreter if English is not your first language.
Source: Legal Aid Queensland – Talking to Police
Step 3: Bail Considerations
Once questioning is complete, police may choose to release you on bail. Bail is essentially a promise that you will return to court on a specified date and adhere to any conditions imposed.
If police refuse bail, you will be held in custody and brought before a magistrate at the earliest available opportunity — usually the next court sitting day.
Factors the Police or Court Consider:
- The seriousness of the alleged offence
- Whether you have prior convictions or outstanding matters
- The likelihood that you’ll appear in court
- Whether there is a risk to public safety
- Your ties to the community (e.g. employment, family, housing)
If bail is refused by the police, you may still apply for bail through the court. Depending on the nature of the charge, the onus may fall on you to “show cause” as to why bail should be granted.
At Cridland & Hua, we routinely assist clients with urgent bail applications — including weekend or public holiday matters — and can appear on your behalf to argue for your release.
Source: Bail Act 1980 (Qld)
Step 4: First Court Appearance – The “First Mention”
Your first court date is called a mention. This will usually occur in the Magistrates Court, regardless of whether your charges are minor or serious. At this stage, the focus is administrative — it’s not a trial or hearing.
During the first mention:
- You’ll inform the court of your legal representation.
- You can request an adjournment (a delay) to seek legal advice.
- You may apply for bail if it has not yet been granted.
- You’ll receive a document called the QP9, which is the police summary of facts.
It is not necessary — and rarely advisable — to enter a plea (guilty or not guilty) at the first mention unless you have received legal advice.
Having an experienced criminal lawyer present at this stage can be critical. We review the QP9, assess the strength of the case, and begin preparing your defence strategy from the outset.
Step 5: Ongoing Court Process
What happens after your first mention depends on the nature of the offence and how you plead:
Summary Offences:
Less serious offences (e.g. minor assaults, public nuisance) are generally dealt with in the Magistrates Court. The process is usually quicker, and the maximum penalties are lower.
Indictable Offences:
Serious offences (e.g. drug trafficking, sexual assault, robbery) may be referred to the District Court or Supreme Court, following a committal process in the Magistrates Court.
If you plead not guilty to an indictable offence, your matter will be listed for trial. In the meantime, we will gather evidence, review police disclosure, engage relevant experts (if needed), and prepare for either negotiation or trial.
If you plead guilty, the matter may proceed to sentencing.
Throughout all of this, you are entitled to:
- Know the charges against you
- Be legally represented
- Access the evidence (known as “disclosure”)
- A fair trial
Final Thoughts
Being arrested can be overwhelming, but understanding your rights and the legal process is your first line of defence.
At Cridland & Hua, we specialise in criminal law. We act swiftly, strategically, and without judgement. Whether you’re facing a first-time charge or a serious indictment, we’re here to help you navigate every step with confidence.
If you or someone you know has been arrested in Queensland, don’t delay. Contact us for confidential legal advice from a team who knows the system inside and out.
