Know Your Rights When Arrested in Australia: How Long Can Police Hold You and How to Find the Best Criminal Defence Lawyer

What to Do If You Are Arrested in Australia

Being arrested can be one of the most stressful and intimidating experiences in life. People often panic, not knowing what to say or do, and sometimes make mistakes that affect their case later. The truth is: you have rights when arrested in Australia, and understanding them is the first step to protecting yourself.

This guide explains in detail:

How long the police can legally hold you

The essential rights you have if you are arrested

Practical steps to protect yourse

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How to choose the best criminal defence lawyer to represent you

How Long Can Police Hold You?

Police cannot keep you in custody indefinitely just to “ask questions.” The law sets clear limits on how long you can be held before they must either charge you or release you.

Adults can usually be held for several hours for investigation purposes.

Children and young people can only be held for shorter periods.

Police may apply to the court for an extension, but they must have a valid reason.

If you are not charged within the allowed time, you must be released. It’s important to remember when you were first detained and inform your lawyer. If police hold you too long without proper authorisation, it can later be challenged in court.

Your Rights When Arrested

Knowing your rights gives you control and prevents police from overstepping their powers. The most important rights include:

The right to know why you are being arrested – Police must tell you that you are under arrest and explain the reason.

The right to remain silent – You generally don’t have to answer questions beyond providing your name and address.

The right to a lawyer – You can seek legal advice before speaking to police and have a lawyer present during interviews.

The right to humane treatment – You must be treated fairly in custody, with access to food, water, medical care, and contact with a family member or friend.

The right to be charged promptly – Police cannot hold you indefinitely; once the lawful detention period ends, they must charge or release you.

Practical Steps if You Are Arrested

It’s one thing to know your rights, but in the moment it’s easy to forget. Use this quick checklist:

Stay calm — do not argue or resist.

Ask, “Am I under arrest?” — if not, you may leave.

Say clearly, “I want to speak to a lawyer.”

Do not answer questions or sign documents without legal advice.

Request a duty lawyer or legal aid if you can’t afford a private lawyer.

Keep track of the time you were detained.

Write down details later — names, times, and anything said by police.