Victoria Police made 78,014 arrests in 2025 - that's 201 people every single day (Victoria Police Crime Statistics Agency, 2025). Most of them had never been through it before. And most made decisions in the first hour that they couldn't take back.
Being arrested is disorienting. Adrenaline, confusion, and a desire to explain yourself all push you in the wrong direction. The instinct to cooperate, to talk your way out, to seem reasonable - it feels right in the moment. It's almost always wrong.
The steps you take between the moment of arrest and your first court appearance can materially affect how your case turns out. This guide walks through exactly what to do, in order, from the moment police approach you through to your first appearance in the Melbourne Magistrates' Court.
TL;DR: If you're arrested in Melbourne, say nothing beyond your name and address, immediately ask to speak to a lawyer, and refuse any recorded interview until you have legal advice. Victoria Police made 78,014 arrests in 2025 - yet only 4% of those later charged ever exercised their right to silence (Stevenson, NSW District Court research). That gap is one of the most expensive mistakes arrestees make.
Step 1 - Stay Calm and Work Out Whether You're Actually Under Arrest
Not every police interaction is an arrest. Victoria Police can detain you briefly without formally arresting you - and your rights differ significantly depending on which situation you're in. Victoria Police made 78,014 arrests in 2025 (Crime Statistics Agency Victoria, 2025), but countless more interactions happen that don't reach that threshold. Knowing the difference matters.
If police stop you on the street, you can ask directly: "Am I under arrest, or am I free to go?" You're entitled to a clear answer. If you're not under arrest, you can leave - calmly and without argument. If police say you're under arrest, they must tell you:
- The reason for the arrest
- The caution ("You are not obliged to say or do anything...")
Being cooperative doesn't mean being compliant with everything. You can follow instructions - don't resist, don't argue - while still staying silent about the substance of what's alleged. Cooperating with the physical process of an arrest (hands behind your back, getting into a vehicle) is very different from cooperating with a police interview.
Step 2 - Exercise Your Right to Silence Immediately
You are legally required to give police your name and address in Victoria. That's it. Under the Summary Offences Act 1966 (Vic), refusing to provide your name and address when police reasonably suspect you've committed an offence is itself an offence. Beyond those two pieces of information, you have the right to remain completely silent - and you should use it.
Key Insight
When police caution you - "You are not obliged to say or do anything, but anything you say or do may be given in evidence" - they mean it literally. What you say in a police interview is admissible. What you don't say generally isn't.
Why do people talk? Usually a combination of shock, a genuine belief they can explain things away, and social pressure from the situation. Police are trained to make conversation feel natural. "Just tell us your side of things." It's not your side they're gathering - it's evidence.
What to say: Your name, your address, and then: "I'd like to speak to a lawyer before I answer any further questions."
Step 3 - Ask for a Lawyer Before You Say Anything Else
You have the right to contact a lawyer before any police interview. Don't waive that right. Even a 10-minute phone call with a duty lawyer before you sit down with police can fundamentally change what you do and don't say - and what evidence exists against you.
Legal Aid Victoria runs a 24-hour phone line: 1300 792 387. This line connects you to a duty lawyer who can give immediate advice - for free - regardless of your income. You don't need to qualify for Legal Aid to access duty lawyer services at this stage.
If you're at a police station, you can ask the custody officer to let you make this call before any interview begins. Police must facilitate this. If they push back, repeat your request clearly and don't be moved: "I am exercising my right to speak with a lawyer before answering any questions."
A duty lawyer can tell you:
- Whether the specific offence alleged requires you to provide a DNA sample or forensic material (and whether police need a court order to compel that)
- Whether there's any tactical reason to make a statement in your specific case
- What to expect at the first court appearance, including bail
For anything beyond a minor summary offence, you'll want to find a criminal lawyer in Melbourne as soon as possible after your immediate situation is stabilised.
Step 4 - Know What Happens in Police Custody
Victoria doesn't specify a maximum number of hours police can hold you without charge. The legal standard is a "reasonable time" - which depends on the seriousness of the offence, how long interviews take, and when a magistrate is available. In practice, you'll typically be presented to a magistrate within 24 hours.
What actually happens in custody:
Booking in. Police will record your personal details, take your belongings, and place you in a cell or custody area. You'll be photographed and fingerprinted - this is standard and you can't refuse it for an indictable offence.
Forensic samples. For certain offences, police may request a DNA swab or other forensic sample. Some samples require your consent. Others can be compelled by court order. Ask your duty lawyer before agreeing to any sample beyond fingerprints.
Access to support. You have the right to:
- Contact a family member or support person (police may delay this if they believe it would compromise their investigation, but not indefinitely)
- Access an interpreter if English isn't your first language - this is a legal right, not a favour
- Medical care and your regular medication
Don't attempt to negotiate, explain, or "make a deal" with custody officers. Whatever you say in the custody area can be recorded. Treat every conversation - even casual ones with officers who seem friendly - as potentially on the record.
Step 5 - Understand How Bail Works in Victoria
After you're processed, one of three things happens: police release you without conditions, release you on bail with conditions, or hold you in custody until your first court appearance. Since Victoria's bail laws changed in March 2024, fewer people are getting bail - and the stakes of understanding the system have risen.
The three outcomes:
- Released without conditions - typically for minor, first-time matters where police are satisfied you'll appear in court.
- Bail with conditions - you're free but must comply with conditions: regularly reporting to a police station, curfews, not contacting alleged victims, surrendering your passport, or providing a surety (someone who pledges money on your behalf).
- Remand - held in custody until your next court date. This is now more common post-2024.
If you're denied bail by police, you'll appear before a magistrate who will make a fresh bail decision. Your duty lawyer can make submissions in your favour. If bail is refused at court, you can apply to the Supreme Court - though this is rarely done without private legal representation.
What factors affect the bail decision? The court will weigh the likelihood you'll appear, whether you're a risk to the community or specific individuals, and whether you'd be likely to interfere with witnesses or evidence.
Step 6 - Prepare for Your First Court Appearance
Your first appearance in a Melbourne court is almost always a mention hearing at the Magistrates' Court of Victoria. This is not a trial. No evidence is heard, no witnesses are called, and no verdict is reached. It's an administrative appearance to establish the basics of your matter.
What actually happens at a mention hearing:
- Your matter is formally listed
- You (or your lawyer) confirm your identity and address for service
- You indicate whether you intend to plead guilty or not guilty, or reserve your plea
- The court sets a return date for the next appearance
You don't have to enter a plea at the first mention. If you don't yet have legal advice - or if your lawyer needs time to review the prosecution's brief - you can reserve your plea and ask for an adjournment. Courts grant this routinely for first appearances.
Going to a mention hearing unrepresented is risky, even though nothing "final" happens there. What you say - especially about a plea - creates expectations. And the impression you make on the court, including whether you turn up at all, sets a tone.
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When Should You Get a Private Criminal Lawyer vs. Rely on Legal Aid?
Legal Aid Victoria provides duty lawyers at police watch houses and at court for bail hearings. They're free, they're qualified, and for minor summary matters or initial first appearances, they can be sufficient. But their time is limited. A duty lawyer at Melbourne Magistrates' Court might be handling 15 files in a single morning.
For any matter involving a realistic prospect of imprisonment, a suspended sentence, or a conviction that could affect your employment or visa status, you need a dedicated criminal lawyer - not a duty lawyer who has three minutes before your matter is called.
You likely need private representation if:
- The charge is indictable (can be heard in a higher court)
- You're facing potential imprisonment, even if suspended
- The matter involves complex facts or multiple charges
- A conviction would affect your employment, professional licence, or visa
- You intend to plead not guilty and go to a contested hearing
Legal Aid's means test looks at your income and assets. If you don't qualify but can't comfortably afford private rates - what's sometimes called the "missing middle" - community legal centres and the Law Institute of Victoria's referral service can help you find options. Understanding how much a criminal lawyer costs in Australia before you call helps you have a clearer conversation about fees and retainers.
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Frequently Asked Questions
Do I have to give police my name and address in Victoria?
Yes. Under the Summary Offences Act 1966 (Vic), you must provide your name and address when police reasonably suspect you've committed an offence or are about to. Refusing is an offence in itself. Beyond your name and address, you have the right to silence and are not required to answer further questions.
How long can police hold me without charging me in Victoria?
Victoria law doesn't set a fixed number of hours. Police must present you to a magistrate within a "reasonable time" - in practice, typically within 24 hours, depending on court availability and the seriousness of the offence. If a magistrate isn't available (for example, overnight on a weekend), police can hold you until the next available court sitting.
Can I refuse a police interview?
Yes. Your right to silence means you're not required to answer questions in a police interview beyond providing your name and address. You should not agree to a recorded interview without first speaking to a lawyer. Legal Aid Victoria's duty lawyer line (1300 792 387) operates 24 hours and can give you immediate advice before any interview begins.
What is a duty lawyer and are they free?
Duty lawyers are qualified solicitors provided by Legal Aid Victoria at police watch houses and at Magistrates' Courts. They are free and don't require a means test to access for initial advice. They can advise on your rights, what to say (or not say) at a first appearance, and help with bail. For ongoing representation beyond the first appearance, Legal Aid's full-service funding is means-tested.
What happens if bail is refused?
You'll be remanded in custody - held on remand in prison - until your next court date. Your lawyer can make a formal bail application before a magistrate, presenting reasons why you should be released. If refused by the Magistrates' Court, you have the right to apply to the Supreme Court of Victoria for bail, though this process typically requires private legal representation and takes time.
What to Do Next
If you or someone you know has been arrested in Melbourne, the five things that matter most are:
- Say your name and address. Nothing else - not without legal advice first.
- Ask for a lawyer immediately. Legal Aid's 24-hour line is 1300 792 387.
- Don't consent to a recorded interview before you've spoken to someone qualified.
- Understand that bail isn't guaranteed - Victoria's 2024 bail law changes made it harder.
- Your first court appearance is not a trial - but it sets the tone. Go prepared.
The decisions made in the first 24 hours after arrest carry weight that follows a case all the way to its outcome. Getting legal advice early isn't a sign of guilt - it's the single most effective step you can take to protect yourself.
Ready to find representation? Use our directory to find an experienced criminal lawyer in Melbourne who can advise you based on the specific facts of your matter.