What are my rights if I’m detained or arrested?
Question & AnswerWhat are my rights if I’m detained or arrested?
2. Do not resist being detained or arrested
Don’t resist if the police try to you. Resisting arrest will not stop the police from arresting you. And you risk being charged with more offences, such as , or .
Resisting unlawful arrest
The Criminal Code gives you the right to resist an unlawful arrest. You are allowed to take reasonable actions to defend yourself from an unlawful threat or use of force coming from the police, but this will not stop the police from arresting you.
If you think your or arrest was unlawful, you canseek a remedy for a breach of those rights later with the help of a lawyer.
A court will decide whether your arrest was lawful. If the court finds that the arrest was unlawful, you had a right to resist.
But if the court finds that the arrest was lawful, you could be charged with obstructing the police. You can also be charged with assaulting a peace officer or assault with intent to resist arrest.