What Happens After You're Arrested in NSW: A Step-by-Step Guide

An arrest in NSW can happen at the scene of an alleged offence, following a warrant, or after police ask you to attend a station voluntarily and then decide to formally arrest you once you arrive. Once arrested, you will generally be taken to a police station, where your details are recorded, you may be searched, and any property on you is held in safekeeping until you are released or a bail decision is made.

You retain your right to silence throughout this process, and anything you say — even informally, before any recorded interview begins — can potentially be used in evidence. You are also entitled to contact a lawyer or a support person, and this contact should not be unreasonably delayed.

For less serious matters, police will often issue a court attendance notice and release you, meaning you are formally charged but do not need to remain in custody — your matter is simply listed for a first court date, typically several weeks away.

For more serious charges, police will decide whether to grant bail themselves or refer the decision to a court. Where police refuse bail, you will be held in custody until a bail application can be made, usually at the next available court sitting, and in some circumstances a further application may need to proceed to the Supreme Court.

Your first appearance, known as a mention, is usually a short administrative listing rather than a full hearing. The court will confirm your legal representation, and you or your lawyer will generally indicate whether you intend to plead guilty or not guilty, though further time can be sought if you need advice or to review the evidence first.

For more serious, indictable matters, the first mention may instead deal with procedural steps such as service of the police brief of evidence, before the matter progresses towards a hearing, committal or, in the District Court, a trial.

Between your arrest and your matter's resolution, avoid discussing the circumstances of the offence with anyone other than your lawyer, including on social media, and take care to comply with any bail conditions imposed — a further breach can affect both your existing bail and how the original matter is viewed by the court.

Using this time to gather supporting material — such as engaging with any relevant counselling or programs, and obtaining references where appropriate — can meaningfully assist your case, regardless of whether the matter proceeds to a defended hearing or a guilty plea.