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 or detained 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 think: 

• you’re committing a crime; 
• you’ve already committed a crime; or 
• you’re about to cause harm to someone else or their property.

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

But if you’re under 18, the police can only arrest you if they think what you have done is serious. The police must also think that an arrest is necessary because:  

• they need to stop you continuing to break the law or doing it again; 
• they need to stop you hiding or destroying evidence; or 
• it’s unlikely that you will show up to court if they don’t arrest you. 

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 think you have been treated unfairly.  

Your rights while under arrest

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

• make a telephone call to a relative or friend of your choice to tell them where you are;
• talk to a lawyer in a place where the police can’t overhear you;   
• 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)

Before any questioning starts, police must tell you that you don’t have to say anything and that anything you do say can be used against you in evidence. 

If you are under 18, the police also have to notify your parent or guardian that you are under arrest.

How long can police keep me for?

If you are under arrest, the police can keep you for a reasonable amount of time to ask you questions about a crime and/or to take you to see a judge.

Searches while under arrest

If you have been arrested, or if you are in police custody for another legal reason, then police can search you. 

There are laws about how police searches must be done. For example, police can only ask you to remove your clothing if they think this may provide evidence of a crime. Police can also use reasonable force to conduct a search only if it is necessary to do so. This means that if you cooperate, the police can’t use force, but the more you resist a search the more force police can use. In most cases, a search should be conducted by a person of the same sex as the person being searched. 

There are some additional laws about how police can conduct searches on people who are under 18. For example: 

• the police must try to cause you minimum embarrassment, distress and harm and take care to protect your dignity; 
• the police must conduct the search as quickly as possible and only ask you to remove clothing that is necessary for the search; 
• the police can only use the minimum amount of force that is needed to conduct the search 
• the police can only conduct an unclothed search if they have special permission to do this.  

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 the police arrest an Aboriginal or Torres Strait Islander person, they must: 

• notify the Tasmanian Aboriginal Legal Service (TALS) as soon after the arrest as reasonably practicable, and offer the person the opportunity to speak to TALS prior to any interview occurring;  
• make every effort to notify a relative or friend of the Aboriginal or Torres Strait Islander person;  
• if attendance of any of those notified is requested, take all reasonable steps to make the necessary arrangements; and  
• advise the district Aboriginal Liaison Officer or Tasmania Police Aboriginal Liaison Coordinator of matters significant to those roles.

If you are an Aboriginal or Torres Strait Islander person and need help or support for a dealing with police, you can call the Tasmanian Aboriginal Legal Service on 1800 595 162 (state-wide, 24 hours a day, 7 days a week). You can also find out more on their website, here.

Need more help?

If you are under 25 and have questions about police powers, you can get help here. You can also call Tasmania Legal Aid on 1300 366 611 (Monday to Friday 9am–5pm). 

Want to read more? You can check out this factsheet on Dealing with Police written by Tasmania Legal Aid.