Right to Legal Representation
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
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 must inform you of this right and give you a reasonable opportunity to contact a lawyer before questioning begins.
This right is also protected by common law and has been recognised by the High Court of Australia as fundamental to a fair trial. If you cannot afford a lawyer, you can contact Legal Aid in your state or territory, or the AFP can help arrange duty counsel.
Police must delay questioning for a reasonable time to allow you to obtain legal advice. If they refuse or deny you access to a lawyer, any evidence obtained during questioning may be excluded by the court under section 138 of the Evidence Act 1995 (Cth).
When does it apply?
This right applies whenever you are arrested or detained by the AFP for a Commonwealth offence.
- You can exercise this right at any time during your detention, not only at the start.
- It applies to all people, regardless of citizenship or residency status.
- If you are under 18 or have a mental impairment, you are also entitled to have an interview friend present under s 23H.
What should you do?
- Say clearly: "I want to speak to a lawyer before answering any questions."
- If you do not have a lawyer, ask police to help you contact Legal Aid or a duty lawyer.
- Call the Legal Aid hotline for your state or territory — the number is available 24 hours in most jurisdictions.
- If you are under 18, ask for a parent, guardian, or interview friend to be present.
- Do not answer any substantive questions until you have received legal advice.
What should you NOT do?
- Don't waive your right to a lawyer under pressure — police may suggest it is faster to proceed without one, but this is your choice.
- Don't accept legal advice from police officers — they are not acting as your lawyer.
- Don't assume you cannot afford a lawyer — Legal Aid provides free advice to people in police custody.
- Don't begin answering questions thinking you can stop later — anything you say from the start can be used against you.
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