Police Encounters
Rights during arrest, detention, police searches, right to legal counsel, bail, police complaints, and constitutional protections under Australian federal law.
Right to Know Grounds of Arrest
Under section 3W of the Crimes Act 1914 (Cth), an Australian Federal Police (AFP) officer may arrest you without a warrant only if they have reasonable grounds to believe you are committing, or have c...
Right to Legal Representation
Under section 23G of the Crimes Act 1914 (Cth), if you are arrested for a Commonwealth offence, you have the right to communicate with a legal practitioner of your choice. The investigating official m...
Rights During Police Questioning
Part IC of the Crimes Act 1914 (Cth) (sections 23F to 23S) sets out your rights when police question you about a Commonwealth offence. Before questioning begins, the investigating official must give y...
Search and Seizure Protections
Part IAA of the Crimes Act 1914 (Cth) governs search and seizure powers for Commonwealth offences. In most cases, police need a search warrant issued by a magistrate or judge before they can search yo...
Bail Rights
Under sections 15 to 17 of the Crimes Act 1914 (Cth), there is a general presumption in favour of bail for people charged with Commonwealth offences. This means you should be granted bail unless there...
Rights During Detention
Under sections 23C to 23E of the Crimes Act 1914 (Cth), when you are arrested for a Commonwealth offence, police must bring you before a magistrate or judge as soon as practicable. You cannot be held...
Making Complaints Against Police
If you believe an Australian Federal Police officer has acted improperly, you have the right to make a formal complaint. The AFP has a Professional Standards unit that handles complaints about officer...
Rights at Roadside & Border Encounters
While everyday roadside policing in Australia is handled by state and territory police, federal officers — particularly the Australian Border Force (ABF) — have significant powers at airports, seaport...