Find out what your rights are if you are arrested or detained by police

If you are under 25, you can contact us for free and confidential legal advice about this topic here. 

You have rights if you are arrested by police, and there are special laws that apply if you are under 18. If you aren’t sure if you have been arrested, it’s important to (politely) ask police.  

When can I be arrested?

The police can arrest you if they have a reason to think: 

• you are committing a crime; 
• you are about to commit a crime; 
• you have already committed a crime;  
• you are about to cause harm to someone else or their property, 
• you are not who you say you are; or 
• it is necessary to make sure you appear before a court for an offence. 

 The police can also arrest you if they have a warrant (a warrant is special permission from a court). 

The police should always tell you why you have been arrested. If they don’t, it’s a good idea to ask.  

Can the police use force to arrest me?

A police officer can use as much force as they need to arrest you or stop you escaping, but nothing more. This means that if you cooperate, the police can’t use force, but the more you resist arrest the more force police can use. Resisting arrest by using physical force or running away, or threatening a police officer, are serious crimes. 

For this reason, it’s important not to fight, run away or argue if a police officer places you under arrest. You can always politely ask why you are under arrest, and ask for the officer’s name, rank, badge number and police station. You can write down these details and what happened so you can get legal advice or make a complaint if you were arrested incorrectly or unfairly.  

Your rights while under arrest

If you are arrested by police, you have the right to make a telephone call to a relative or friend of your choice, in the presence of a police officer, to tell them where you are. Police must also tell you of your rights as soon as possible after arrest and warn you that anything that you say may be used against you in evidence. 

If you have been arrested because police suspect you have committed an offence, then in most cases you have the right to: 

• Have a lawyer with you during a police interview; 
• Have an interpreter to help you communicate if you have trouble understanding English; 
• Not answer any questions (except for some questions you are legally required to answer like your personal details – see our page on interviews and questions here);
• If you are not an Australian citizen or permanent resident, speak with the officials from your home country;
• Be told if your friend, relative or guardian requests information about where you are;
• Get medical help if you need it; and 
• Have access to basic food, water, toilet facilities and showering facilities.

If you are under 18, you must have a support person present with you during an interview with police. You can also choose to have a support person with you during your interview if you have a disability, are an Aboriginal or Torres-Strait Islander person or are of a non-English speaking background. There are rules about who can be a support person, but generally this can be a parent, guardian, carer or lawyer. If you are over 14, it can be another adult you choose. In an interview, your support person can help and support you, make sure the interview is being conducted properly and identify any communication problems in the interview.

How long can police keep me for?

If you are arrested, the police can keep you for up to six hours unless they get special permission from a court to keep you longer.  

Searches while under arrest

Police have powers to search people who are under arrest, but there are laws about how they can do this. 

All searches must be conducted by a person who is of the same sex as the person being searched. All searches must be done as quickly and non-invasively as possible. The police also have to respect your privacy and dignity. If the police want you to remove any pieces of your clothing, they have to explain to you why it is necessary to do this.

 There are special rules about how police can conduct searches where they ask you to remove your clothes and examine your body (called “strip searches”). These include:   

•  if you are under 10 years old, you cannot be strip searched;
• if you are between 10 and 18, or you have a disability, the police can only search you if you have a parent or guardian with you (or another person, if you don’t want your parent or guardian to be there);
• the strip search must be conducted in a private area; 
• your parent, guardian or another person of your choice can be with you while you’re being searched; 
• the police are not allowed to search inside your body or touch your body with their hands; 
• the police can only ask you to remove your clothing if it is necessary to do so;

It’s a good idea to cooperate with a search, but you can always ask questions such as “Can you tell me why you’re searching me?” If you think the police have behaved inappropriately, it’s a good idea to get legal advice as soon as you can.  

If you are an Aboriginal or Torres Strait Islander person

If you are an Aboriginal or Torres Strait Islander person then it can be important to tell the police this. The police have rules they have to follow when speaking to and dealing with Aboriginal and Torres Strait Islander people. For example, police must notify the Aboriginal Legal Service (“ALS”) if you are arrested.

The ALS also gives general legal advice and support. You can find more information here. You can contact the ALS by phone on 1800 765 767. 

Need more help?

If you are under 25 and you have questions about your rights with police, you can contact us for free and confidential legal advice, here.  

You can also contact Legal Aid NSW: 

• If you are under 18 you can contact the Legal Aid Youth Hotline on 1800 101 810 (9 am to midnight, and 24-hours from Friday to Sunday) 
• If you are over 18 you can contact LawAccess NSW on 1300 888 528 (Monday-Friday, 9am-5pm, excluding public holidays).