Rights During Detention
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 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 indefinitely for questioning.
The investigation period must be completed within a reasonable time. As a baseline, police have an initial period to investigate, but they can apply to a magistrate for extensions if they can show it is necessary. Time spent waiting for a lawyer, resting, or receiving medical treatment is generally not counted as investigation time (called "dead time" under s 23CA).
During detention, you have the right to be treated humanely. Police must provide you with adequate food, water, rest, and access to toilet facilities. If you need medical attention, police must arrange it. You also have the right to communicate with a friend or family member to let them know where you are (s 23G).
If police exceed the lawful investigation period without charging you or bringing you before a court, your continued detention may be unlawful.
When does it apply?
These rights apply from the moment you are arrested for a Commonwealth offence until you are either charged and brought before a court or released.
- They apply to all people, including non-citizens and visitors.
- Vulnerable persons (people under 18, Aboriginal and Torres Strait Islander persons, and those with a mental impairment) have additional protections, including the right to an interview friend.
- Different time limits apply for terrorism-related offences, where police may detain you for longer periods under special provisions.
What should you do?
- Ask: "How long can you hold me?" and "When will I be taken before a magistrate?"
- Request food, water, and rest if you need them — police are required to provide these.
- Ask to contact a family member or friend to let them know where you are.
- If you feel unwell, request medical attention — police must arrange it.
- Keep track of how long you have been detained and note any periods of questioning versus waiting.
What should you NOT do?
- Don't assume you must answer questions to speed up your release — you have the right to silence throughout your detention.
- Don't refuse to cooperate with identification procedures that police are lawfully entitled to carry out (such as fingerprinting under s 3ZJ).
- Don't attempt to leave the police station without being formally released — this could lead to additional charges.
- Don't waive your rights under pressure — ask for a lawyer if you are unsure about anything.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.