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, about to commit a crime or have committed a crime; AND 
• Arresting you is necessary to make sure that you don’t commit the crime again, destroy evidence, damage someone’s property, interfere with witnesses or put someone else’s safety in danger.  

 The police can also arrest you if they have a warrant (a warrant is special permission from a court) or if the offence is a serious offence. A serious offence usually means a crime that can be punished by at least 5 years in jail.

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 think you have been treated 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.

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

• have a reasonable opportunity to talk to or to attempt to talk to a solicitor, a relative or a friend; 
• have an interpreter if English is not your native language; 
• not answer any question (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 under 18, the police have to notify a responsible adult that the police intend to ask you questions but the responsible adult does not have to be present when the police are interviewing you.  

 Police must tell you of your rights as soon as possible after an arrest, and warn you that anything that you say may be used against you in evidence.  

How long can police keep me for?

If you are under arrest (and police don’t have a warrant for your arrest), the police can generally keep you for up to 6 hours. They need approval from a senior police officer to keep you for longer than this. 

If you are not under arrest, police cannot keep you and you are free to go. 

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:  

• Tell you why they’re searching you and if they need to remove any clothing, why they need to do so; 
• Complete the search as quickly as possible; 
• Not be more intrusive than necessary; 
• Allow you to be searched only by a person who is the same gender as you. 

 There are special rules that apply to strip searches (also called intimate searches). For example, where someone is under 18, they should in most cases be allowed to have a solicitor, adult relative or friend of their choice with them. You must also be given reasonable privacy and only be asked to remove clothing if it is necessary to do so.

If you are an Aboriginal or Torres Strait Islander person 

If you are an Aboriginal or Torres Strait Islander person, the Police must contact the Aboriginal Legal Service, Custody Notification Service to let them know you are in custody and allow you to speak with a solicitor.  The Custody Notification Service operates 24 hours a day 7 days a week.

If you are an Aboriginal or Torres Strait Islander person and need help or support for a dealing with police, you can call the Aboriginal Legal Service of Western Australia on 1800 019 900. You can also find out more on their website, here and the contact details for your nearest ALSWA office here.

Need more help? 

If you are under 25 and have questions about police powers, you can get help here. 

If you are over 25, please contact Legal Aid WA on 1300 650 579.