Right to Know Grounds of Arrest in Victoria
Reviewed by the Commoner Law Editorial Team. 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
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.
How Victoria differs from federal law
In Victoria, arrest powers are governed by the Crimes Act 1958 (Vic). Under section 458, any person may arrest without a warrant another person found committing a serious offence (an indictable offence). Police officers have broader powers under section 459.
- A police officer may arrest a person without a warrant if they believe on reasonable grounds that the person has committed or is about to commit an offence and that arrest is necessary to ensure appearance in court, prevent further offences, preserve evidence, or protect the safety of any person.
- The arresting officer must inform you of the grounds for the arrest at the time of arrest or as soon as practicable afterwards. This is a common law requirement reinforced by the Charter of Human Rights and Responsibilities Act 2006 (Vic), s 21(3): every person who is arrested has the right to be informed at the time of arrest of the reason for the arrest.
- Victoria's Charter is unique — it is Australia's first legislated human rights charter and applies to all public authorities, including Victoria Police.
- An arrest made without proper grounds or without informing the person may be challenged as unlawful detention under both common law and the Charter.
Additional Steps in Victoria
If you believe your arrest was unlawful, contact Victoria Legal Aid (1300 792 387) or the Fitzroy Legal Service. Complaints about police conduct go to the Independent Broad-based Anti-corruption Commission (IBAC) (ibac.vic.gov.au or 1300 735 135).
Relevant Law: Crimes Act 1958 (Vic), ss 458-462; Charter of Human Rights and Responsibilities Act 2006 (Vic), s 21
Common Questions
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.
Right to Know Grounds of Arrest in other states
Same topic, different jurisdiction. Pick the one that applies to you.