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 end up making 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 yourself immediately.
- 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.
In most situations, adults can be held for several hours for investigation purposes, while children and young people can only be held for shorter periods. Police may apply for an extension from a court if they need more time, but there must be a valid reason.
If you are not charged within the allowed time, you should be released. That’s why it’s important to remember when you were first detained and tell your lawyer. If police hold you too long without proper authorisation, it can be challenged later in court.
What are your rights when arrested?
Many people are not aware of the rights they have when arrested. Knowing these rights gives you control and prevents police from overstepping their powers. Here are the most important ones:
1. The right to know why you are being arrested
The police must clearly tell you that you are under arrest and explain the reason. If they fail to do this, the arrest may be unlawful.
2. The right to remain silent
You generally do not have to answer police questions. You can politely say, “I don’t want to answer questions without a lawyer present.” There are limited situations where you might have to provide basic information, such as your name and address, but you do not have to go into details about the alleged offence.
3. The right to a lawyer
You can ask for legal advice before you speak to police. You can also request that a lawyer be present during any formal interview. If you cannot afford a private lawyer, you can ask for a duty lawyer or apply for legal aid. This ensures you have professional advice from the start.
4. The right to humane treatment
Even while in custody, you must be treated fairly and respectfully. You have the right to basic needs such as food, water, medical care if required, and the ability to contact a family member or friend.
5. The right to be charged promptly
Police cannot hold you indefinitely. Once the lawful detention period has passed, they must either charge you or release you.
Practical steps if you are arrested
It’s one thing to know your rights, but in the heat of the moment, it’s easy to forget. Here’s a simple checklist to remember:
- Stay calm — do not argue or resist, as this can make things worse.
- Ask, “Am I under arrest?” — if you are not, you have the right to walk away.
- Say clearly, “I want to speak to a lawyer.” — repeat if necessary.
- Do not answer questions or sign anything without legal advice.
- Request a duty lawyer or legal aid if you can’t afford a private lawyer.
- Keep track of time — knowing how long you have been detained is important.
- Write down details later — names, times, and anything said by police can help your lawyer build a defence.
Choosing the best criminal defence lawyer
Once you are released or charged, the next step is to secure strong legal representation. The quality of your lawyer can make a huge difference to the outcome of your case.
Look for criminal law specialists
Not all lawyers practise criminal law. Some focus on family law, commercial law, or property. You want someone with proven experience in criminal defence, ideally with a track record in cases similar to yours.
Check reputation and experience
Look for lawyers who regularly appear in criminal courts and who have handled matters like assault, drug charges, fraud, or driving offences. Reading client reviews and testimonials can give you an idea of how they work with people.
Consider availability and urgency
Criminal matters move quickly. A good lawyer should be available for urgent bail applications or after-hours emergencies. Many firms have 24/7 contact numbers for people in custody.
Ask about fees upfront
Legal costs can vary. A reliable lawyer will give you a clear fee estimate or explain how their billing works. Avoid open-ended costs without any written agreement.
Pay attention to communication style
A good lawyer should be clear, patient, and honest. If they confuse you with jargon or make unrealistic promises, that’s a red flag. Choose someone who explains your options in plain English and listens to your concerns.
Questions to ask when meeting a lawyer
When you sit down with a lawyer, prepare a few key questions:
- Have you handled cases like mine before?
- What is the likely penalty or outcome for my charge?
- What steps would you take early in my case?
- Who will actually handle my case — you or someone else in the firm?
- How much will it cost, and what payment options are available?
The answers to these questions will help you judge whether the lawyer is the right fit for your situation.
What if you cannot afford a private lawyer?
Not everyone can pay for a criminal defence lawyer, but that doesn’t mean you have to face court alone. Options include:
- Duty lawyers — available in many courts, providing free legal advice and representation for certain matters.
- Legal Aid — available if you meet financial and eligibility criteria. This provides ongoing representation, often at no or low cost.
- Community legal centres — independent services that give advice and sometimes representation in criminal matters.
These options ensure everyone has access to justice, regardless of their financial situation.
Final thoughts
If you are arrested in Australia, remember these three key things:
- Know your rights — you don’t have to answer questions and you can ask for a lawyer.
- Police can only hold you for a limited time — once that period ends, they must charge or release you.
- The lawyer you choose matters — the right criminal lawyer can make the difference between a conviction and a successful defence.
Staying calm, asking for legal advice, and choosing strong representation are the most powerful steps you can take to protect yourself.
