Right to Legal Representation in Western Australia
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 23G of the Crimes Act 1914 (Cth), if you're 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.
The right is reinforced by common law and the High Court has treated it as fundamental to a fair trial — Dietrich v The Queen (1992) being the case lawyers cite. If you can't afford a lawyer, contact Legal Aid in your state or territory, or ask the AFP to help connect you with duty counsel.
Police must delay questioning for a reasonable time so you can get advice. Refusing access or rushing past the right can lead to evidence being excluded under s. 138 of the Evidence Act 1995 (Cth) — and Australian courts use that discretion regularly.
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 to Do If Australian Federal Police Deny You Access to a Lawyer
- 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.
How Western Australia differs from federal law
In WA, the right to legal representation in police custody is protected by the Criminal Investigation Act 2006 (WA) and police standing orders.
- Under section 138 of the CIA, a person who is arrested must be informed of the right to communicate with a lawyer and to have a lawyer present during questioning. Police must also inform the person of the right to communicate with a relative or friend.
- Legal Aid WA operates a custody notification service providing telephone legal advice to people in police custody, including after-hours.
- For Aboriginal and Torres Strait Islander persons, the Aboriginal Legal Service of WA (ALSWA) provides a custody notification service. WA Police are required to notify ALSWA when an Aboriginal or Torres Strait Islander person is taken into custody, under the recommendations of the Royal Commission into Aboriginal Deaths in Custody.
- For children (under 18), the Young Offenders Act 1994 (WA) requires that a responsible adult be present during police questioning, in addition to the child's right to a lawyer.
Additional Steps in Western Australia
Call Legal Aid WA (1300 650 579) or ALSWA (1800 019 900) from custody. If police refuse your request for a lawyer, clearly note the time and circumstances — this may affect admissibility of evidence. Contact the CCC (1800 809 000) to report police misconduct.
Relevant Law: Criminal Investigation Act 2006 (WA), ss 137-140; Young Offenders Act 1994 (WA); Evidence Act 1906 (WA)
Common Questions
When does right to legal representation 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 I do if Australian Federal Police are questioning me and won't let me speak to a lawyer?
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 mistakes should I avoid with right to legal representation?
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.
Right to Legal Representation in other states
Same topic, different jurisdiction. Pick the one that applies to you.