Slobbering "Citizens" on the Land.

[Norman Alexander]

Actually, no. All that is required is for the arresting officer to say "you are under arrest for the crime of {whatever}". But because American popular culture is so all-pervasive, I think many officers will also state something vaguely like the Miranda statement. They are not required to in order for the arrest to be lawful.

Please understand that I am speaking of a trial at which I was a juror that took place almost thirty years ago and my recollection may be inaccurate. If anybody has any evidence that what I recall is faulty, I'd be happy to see it.

Thought it varied by state, but I understand it is part of the formal arrest process. Comes after "You're nicked, sunshine!"

 

[arthwollipot]

Thought it varied by state, but I understand it is part of the formal arrest process. Comes after "You're nicked, sunshine!"

It might vary by state.

 

[EHocking]

Thought it varied by state, but I understand it is part of the formal arrest process. Comes after "You're nicked, sunshine!"

It varies by state, but Qld, vic, NSW all seem similar to this, caution required if you’ve been arrested for an indictable offence.

Generally, police can question you after detaining or arresting you. However, you can insist on your right to remain silent. If the police have arrested you because you have committed an indictable offence (more severe offence like murder, rape, robbery, assault, and break and enter which are dealt with in District or Supreme Court), or they suspect you have, they must caution you about your right to remain silent.

Before questioning you, they must also tell you that any statements you make might be used as evidence against you.

I admit to not researching this much further

 

[Darat]

It's all pretty much the same, it's before they question you that you have to be told your rights. That can happen on the spot, and sometimes it doesn't (difference between being detained and arrested). I am astonished how many people in the USA accused of committing serious crimes such as murder talk to and answer questions by the police before acting on their right to legal representation. The USA police also try to get the suspect to talk without the victim invoking their right to legal representation.

 

[Norman Alexander]

Of course, I am very prepared to be corrected. My experience with this is not first-hand. It dates back to the 1980's and my uni days. The Student Union legal team regularly distributed advice about what will happen if the pigs...sorry, police arrested you for drink, drive, demo or dope related reasons. The main advice was shut the ◊◊◊◊ up until your lawyer gets there, as I recall.