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?

If you are under 18 the police should generally issue you with a court document instead of arresting, you.  

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

• you have committed or are committing a crime; or  
• it’s necessary to make sure that you appear before a court. 

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 no 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 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) 
• if you are not an Australian citizen, speak with the officials in your home country

If you’re under 18, the police usually have to allow you to talk in private with a parent, guardian or independent person before they start questioning you. They also have to allow that person to be with you while you’re being questioned. 

As soon as you are taken into custody, the police must ask you if you are an Aboriginal person. If you are, the police usually have to tell the Victorian Aboriginal Legal Service that you have been arrested within one hour. The police also have to let you know when they have done this.

How long can police keep me for?

If you are arrested, the police can keep you for a reasonable amount of time to investigate and ask you questions about a crime they think you have committed. 

However, if you are under the age of 18, you can usually only be kept for a maximum of 24 hours after being taken into custody.

Searches while under arrest

Police have powers to search people who are under arrest, but there are laws about how they can do this. For example, police must generally think that you might have: 

• Evidence of a crime; 
• Something that might cause harm to a person or property; 
• Something that might help you escape. 

In most cases, a search should be conducted by a person of the same sex as the person being searched. This includes if you are a transgender, gender diverse or intersex person. All searches must be done as quickly and non-invasively as possible. The police also have to respect your privacy and dignity. 

If you are under 18, a search can only be conducted if your parent or guardian (or another person, if this is not possible) is with you. 

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”). For example:  

• the police can only ask you to remove your clothing if it is necessary to do so, and they must explain to you why they need to do this;
• the police are not allowed to search your genital area or inside your body (for example, not in your mouth or around your private parts);
• the police are allowed to use force that is necessary reasonable in the circumstances.

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.   

Charter of Human Rights and Responsibilities

All people in Victoria have a number of basic rights. These rights must be respected by police at all times, including if you are being searched or questioned, or have been arrested. These include: 

• the right to recognition and equality before the law (including the protection from discrimination); 
• the protection from cruel, inhuman and degrading treatment; 
• the right to privacy; 
• if you are a child under 18, the protection of your best interests; 
• the right to practice your culture and religion, and use your language; 
• the right to humane treatment when you are deprived of your liberty (for example, when you are in police custody); 
• the right to your property.

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 Victorian Aboriginal Legal Service (“VALS”) if you are arrested.

 VALS also gives general legal advice and support. You can find more information here. You can contact the VALS by phone on 1800 064 865.  

Need more help?

If you’re under 25 and you have a question about police powers, you can get free legal help here.    

If you’re over 25, please contact Victoria Legal Aid on 1300 792 387.  

You can also check out find more information about police powers and your rights here on the Victoria Legal Aid website.