Rights During Detention in 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 sections 23C to 23E of the Crimes Act 1914 (Cth), after arrest for a Commonwealth offence police must bring you before a magistrate or judge as soon as practicable. Indefinite detention for questioning isn't allowed — and the High Court reinforced that in Williams v The Queen (1986).
The investigation period has to wrap up in a reasonable time. Police have an initial window and can apply to a magistrate for extensions if they can justify them. Time spent waiting for a lawyer, resting, or getting medical treatment is generally not counted against the investigation clock — that's the "dead time" carve-out under s. 23CA.
During detention you have the right to be treated humanely: adequate food, water, rest, and toilet access. Medical attention must be arranged if you need it. You also have the right to contact 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 producing you before a court, the continued detention may be unlawful — with consequences for any evidence obtained during that period.
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 to Do If You Are Held in Australian Federal Police Detention
- 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.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does rights during detention 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 I do if I am being held in custody by Australian Federal Police?
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 mistakes should I avoid with rights during detention?
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.
Rights During Detention in other states
Same topic, different jurisdiction. Pick the one that applies to you.