Kings Cross Police Station

The suburb of Kings Cross

Kings Cross is an inner-eastern locality of Sydney. It is located approximately 2 kilometres east of the Sydney central business district, in the local government area of the City of Sydney.

Kings Cross Police Station

Kings Cross Police Station was established by 1967. It is located at the corner of Elizabeth Bay Road and Barncleuth Square.

Being arrested and taken to Kings Cross Police Station

If you are arrested, you will be taken to a police station. It is important to know what to expect, what to do, and what your rights are. The information contained on this page applies to Kings Cross Police Station and all other police stations throughout NSW and the ACT.

Police may arrest you if they suspect on reasonable grounds that you have committed an offence. Police may search you on arrest. It is an offence to resist arrest.

If you are being arrested, the officer must tell you his or her name and place of duty, that he or she is arresting you, and the reason for this.

Once you have been arrested, you will then be taken to a police station. Upon arresting you, police have six hours to either release or charge you. There are certain things which are not considered part of this six-hour period, such as the time you take speaking to relatives or a lawyer.

What to expect after arrest

You will normally be taken to a police station close to where you are located at the time of your arrest. If you are located near Kings Cross, it is likely that you will be taken to Kings Cross Police Station.

As soon as practicable after you are taken into custody at a police station, the custody manager must orally and in writing:

• Caution you that you do not have to say or do anything, but that anything you say or do may be used in evidence, and
• Provide you with a summary of your “Part 9” rights.

You will be asked to sign an acknowledgement that this information has been given to you.

At the police station, you may be asked to provide a statement, or take part in an interview or forensic procedure.

Police may take your photograph, fingerprints, and palmprints.

You will then either be charged, released on bail and given a Court Attendance Notice, or you will remain in custody until you are brought before a court to have bail determined by a magistrate.

Your rights

If you are arrested and taken to a police station, you have the right to communicate with a friend, relative, guardian, or Australian legal practitioner such as a criminal defence lawyer. The custody manager must, so far as is practicable, enable you to communicate with these persons privately so that you are not overheard. The custody manager must defer for a reasonable period any investigative procedure to allow you to communicate, or attempt to communicate, with a lawyer.

Foreign nationals have the right to communicate, or attempt to communicate, with a consular official. If you do not speak English, you have the right to assistance from an interpreter.

You have the right to medical attention, reasonable refreshments, and reasonable access to toilet facilities.

What to do at the police station

If you are arrested and taken to a police station, you should speak to a defence lawyer as soon as possible.

Under law, you have the right to remain silent. This means that you do not have to answer any questions, participate in an interview, or make a statement to police. However, there are some circumstances when you are legally required to answer questions, such as when police issue a “Form of Demand”.

If you are asked any questions or asked to sign anything, you should ask to speak with a lawyer first. A defence lawyer can explain the procedure at the police station and advise you of your rights. They can also assist with applying for bail and represent you at court.

If police ask you to participate in a forensic procedure to obtain your DNA, an experienced defence lawyer can advise whether you should consent to this procedure.

Unfortunately, it is not common for a lawyer to attend a police station if you are arrested. This is because if a lawyer is present with you at a police station, a special caution must be given to you by police. A special caution has the effect that an “unfavourable inference” can be drawn from your decision to fail or refuse to mention to police a fact that you rely on in your defence. This caution essentially abrogates your right to silence.

How can we help you?

Nyman Gibson Miralis assists people who have been arrested and taken to Kings Cross Police Station, as well as all other police stations throughout NSW and the ACT. If you have been arrested, our defence lawyers can provide you with legal advice over the phone while you are at the police station, to ensure that your right to silence is not abrogated.

We defend all criminal and traffic matters and have a track record of getting outstanding results for our clients.

We also attend all courts throughout NSW and the ACT.

If you require assistance, contact us on 1300 668 484 or book a free consultation to discuss your case.