Right to Know Why You're Arrested (Australia) (2026)
About this article
Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| New South Wales | Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) |
| Queensland | Police Powers and Responsibilities Act 2000 (Qld) |
| South Australia | Summary Offences Act 1953 (SA) |
| Tasmania | Criminal Law (Detention and Interrogation) Act 1995 (Tas) |
| Victoria | Crimes Act 1958 (Vic) |
| Western Australia | Criminal Investigation Act 2006 (WA) — arrest powers |
What is this right?
Under section 3W of the Crimes Act 1914 (Cth), an AFP officer may arrest without a warrant only on reasonable grounds to believe you're committing or have committed a Commonwealth offence — and only where arrest is reasonably necessary for a defined reason (court appearance, preventing further offences, preserving evidence, and so on).
At the time of arrest, the officer must tell you the grounds. That's a common-law requirement going back to Christie v Leachinsky, reinforced by s. 23F of the Crimes Act, which requires the caution and the information about your rights to be given on the spot.
If the officer doesn't tell you why, the arrest may be unlawful. An unlawful arrest can lead to evidence being excluded at trial and a civil claim for wrongful arrest. Australian courts treat the requirement seriously.
When does it apply?
This right applies whenever an Australian Federal Police officer arrests you for a Commonwealth (federal) offence.
- It covers offences under federal laws such as the Crimes Act 1914, the Criminal Code Act 1995, drug importation laws, and fraud against the Commonwealth.
- It applies to all people in Australia, including citizens, permanent residents, and visitors.
- State and territory police have similar obligations under their own laws, but this right specifically covers federal arrests.
What to Do If Australian Federal Police Arrest You Without Explaining Why
- Ask clearly: "Why am I being arrested?" and "What offence am I being arrested for?"
- Listen carefully to the officer's response and try to remember or write down their exact words.
- Ask for the officer's name and badge number.
- Stay calm and cooperate physically while noting any concerns.
- Ask to speak to a lawyer as soon as possible.
What should you NOT do?
- Don't physically resist the arrest, even if you believe it is unlawful. You can challenge it later in court.
- Don't argue or become aggressive — this can lead to additional charges such as obstruction/resisting a Commonwealth official under s 149.1 of the Criminal Code Act 1995 (Cth) (maximum 2 years imprisonment). Note: s 7A of the Crimes Act 1914 does not create a resisting arrest offence.
- Don't assume you must answer questions just because you have been arrested — you still have the right to silence.
- Don't sign anything or make a statement before speaking with a lawyer.
About Police Encounters in Australia
If police stop you, you have the right to know why and to contact a lawyer. State police handle most enforcement; the AFP handles Commonwealth offences under the Crimes Act 1914, which caps federal investigation at four hours under Part IC. Home searches generally need a warrant. You keep a right to silence, though some states (notably NSW) allow adverse inferences in limited cases. Complaints go to oversight bodies — LECC in NSW, IBAC in Victoria, the Commonwealth Ombudsman for AFP.
Worked Examples
ScenarioPolice arrest you without explaining why, and you only find out the charge hours later at the station.
OutcomePolice must generally tell you why you're being arrested at the time of arrest, or as soon as practical. Failing to do so doesn't automatically free you, but it may render the arrest unlawful — and that can be raised by a lawyer to challenge admissibility of evidence, support a complaint, or in some cases a civil claim. Do not resist; ask for the reason calmly and repeat the request, and contact a lawyer.
Reflects general Australian police-powers law (each state's police powers/criminal investigation Act). Educational information, not legal advice — comply at the scene, contest later.
Common Questions
What if police won't tell me why I'm being arrested?
Stay calm and don't physically resist — that can be a separate offence. Ask clearly, 'Why am I being arrested? What offence?' and repeat the question if needed. Note the time, the officer's name and badge number, and contact a lawyer as soon as possible.
Can I just refuse to go with police if they don't say why?
No. Physically resisting an arrest — even an arguably unlawful one — risks added charges (resist arrest, assault police) and injury. Submit to the arrest, assert your rights verbally, and let a lawyer challenge the arrest's lawfulness later.
What rights do I have once arrested?
You generally have the right to remain silent (subject to identity-details rules), the right to contact a lawyer, the right to contact a friend or family member, and the right to humane treatment. The police custody and time limits vary by state — see your state's section above.
When can I challenge an unlawful arrest?
Through a lawyer, after the fact. Possible avenues include applying to exclude evidence obtained during the arrest, internal police complaints, oversight commissions, and (in serious cases) civil claims for false imprisonment or assault. The earlier you get advice and document everything, the stronger the case.
What is the right to know grounds of arrest right in Australia?
Under section 3W of the Crimes Act 1914 (Cth), an AFP officer may arrest without a warrant only on reasonable grounds to believe you're committing or have committed a Commonwealth offence — and only where arrest is reasonably necessary for a defined reason (court appearance, preventing further offences, preserving evidence, and so on).At the time of arrest, the officer must tell you the grounds. That's a common-law requirement going back to Christie v Leachinsky, reinforced by s. 23F of the Crimes Act, which requires the caution and the information about your rights to be given on the spot.If...
When does right to know grounds of arrest apply?
This right applies whenever an Australian Federal Police officer arrests you for a Commonwealth (federal) offence.It covers offences under federal laws such as the Crimes Act 1914, the Criminal Code Act 1995, drug importation laws, and fraud against the Commonwealth.It applies to all people in Australia, including citizens, permanent residents, and visitors.State and territory police have similar obligations under their own laws, but this right specifically covers federal arrests.
What should I do if the Australian Federal Police arrest me without telling me the reason?
Ask clearly: "Why am I being arrested?" and "What offence am I being arrested for?"Listen carefully to the officer's response and try to remember or write down their exact words.Ask for the officer's name and badge number.Stay calm and cooperate physically while noting any concerns.Ask to speak to a lawyer as soon as possible.
What mistakes should I avoid with right to know grounds of arrest?
Don't physically resist the arrest, even if you believe it is unlawful. You can challenge it later in court.Don't argue or become aggressive — this can lead to additional charges such as obstruction/resisting a Commonwealth official under s 149.1 of the Criminal Code Act 1995 (Cth) (maximum 2 years imprisonment). Note: s 7A of the Crimes Act 1914 does not create a resisting arrest offence.Don't assume you must answer questions just because you have been arrested — you still have the right to silence.Don't sign anything or make a statement before speaking with a lawyer.
State-by-state details
New South Wales
Primary statute: Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Full New South Wales guide →Queensland
Primary statute: Police Powers and Responsibilities Act 2000 (Qld)
In Queensland, arrest powers are governed by the Police Powers and Responsibilities Act 2000 (Qld) (PPRA). This is the primary legislation regulating police powers in Queensland.
- Under section 365 of the PPRA, a police officer may arrest a person without a warrant if the officer reasonably suspects the person has committed or is committing an offence and arrest is reasonably necessary for reasons including ensuring appearance in court, preventing further offences, or preserving evidence.
- The arresting officer must inform you of the reason for the arrest at the time of arrest or as soon as reasonably practicable afterwards. This is required both by common law and by the PPRA.
- The Human Rights Act 2019 (Qld), s 29(3), provides that anyone arrested has the right to be promptly informed of the reason for the arrest. This gives constitutional-level force to the requirement.
- Queensland citizens also have the power of citizen's arrest under s 546 of the Criminal Code 1899 (Qld) for indictable offences found being committed.
South Australia
Primary statute: Summary Offences Act 1953 (SA)
In South Australia, police powers of arrest are governed by the Summary Offences Act 1953 (SA) and common law principles. Under section 75 of the Summary Offences Act, a police officer may apprehend without warrant any person found committing or reasonably suspected of having committed an offence.
- The arresting officer must inform you of the reason for your arrest at the time of arrest or as soon as practicable afterwards. Failure to do so may render the arrest unlawful.
- South Australia also uses the Criminal Law Consolidation Act 1935 (SA) for arrest powers relating to serious indictable offences.
- SA Police must consider whether arrest is necessary — officers are encouraged to use alternatives such as issuing a summons or police expiation notice rather than arresting for minor offences.
- If arrested unlawfully, you may have grounds for a claim of false imprisonment against the South Australia Police (SAPOL).
Tasmania
Primary statute: Criminal Law (Detention and Interrogation) Act 1995 (Tas)
In Tasmania, police powers of arrest are governed by the Criminal Law (Detention and Interrogation) Act 1995 (Tas) and the Police Offences Act 1935 (Tas). At common law and under statute, a person must be informed of the reason for their arrest.
- Under the Criminal Law (Detention and Interrogation) Act 1995, when a person is taken into custody, police must inform them of the nature of the offence for which they are being detained as soon as practicable.
- Police must also inform the detained person of their rights, including the right to communicate with a lawyer, the right to contact a friend or relative, and the right to an interpreter.
- Tasmania Police must consider whether arrest is necessary and proportionate — alternatives such as issuing a summons should be considered for less serious offences.
- If arrested unlawfully, you may have grounds for a claim of false imprisonment against Tasmania Police.
Victoria
Primary statute: Crimes Act 1958 (Vic)
Full Victoria guide →Western Australia
Primary statute: Criminal Investigation Act 2006 (WA) — arrest powers
In Western Australia, arrest powers are governed by the Criminal Investigation Act 2006 (WA) (CIA), which consolidated and modernised police powers previously scattered across multiple statutes.
- Under section 128 of the CIA, a police officer may arrest a person without a warrant if the officer reasonably suspects the person has committed, is committing, or is about to commit an offence, and the officer considers arrest is necessary for reasons including ensuring appearance in court, preventing further offences, or preserving evidence.
- The arresting officer must inform you of the reason for the arrest at the time of arrest or as soon as reasonably practicable afterwards (CIA, s 137).
- WA does not have a state human rights act, so the requirement to inform a person of arrest grounds relies on statute (the CIA) and common law rather than human rights legislation.
- An arrest without proper grounds or without informing the person may be challenged as unlawful detention. Evidence obtained during an unlawful arrest may be excluded under the Evidence Act 1906 (WA).
Right to Know Grounds of Arrest in other states
Same topic, different jurisdiction. Pick the one that applies to you.