Rights During Detention in Tasmania
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.
How Tasmania differs from federal law
When detained by Tasmania Police, your rights are set out in the Criminal Law (Detention and Interrogation) Act 1995 (Tas), which provides a statutory framework for the treatment of detained persons.
- You must be informed of your rights — right to silence, right to communicate with a lawyer, right to contact a friend or relative, right to an interpreter, and right to medical attention.
- The maximum investigation period is 4 hours from when you are first detained, extendable by a magistrate by up to 8 additional hours in certain circumstances. Time spent waiting for a lawyer or interpreter is generally excluded from the 4-hour count.
- You must be treated humanely during detention. Tasmania Police comply with standing orders governing custody management, including access to food, water, bathroom facilities, and medical care.
- Conditions in Tasmania's custodial facilities are monitored by the Custodial Inspector (an independent statutory officer) under the Custodial Inspector Act 2016 (Tas).
- For Aboriginal and Torres Strait Islander detainees, Tasmania Police follow custody notification protocols consistent with national standards.
Additional Steps in Tasmania
If your rights are breached during detention, inform your lawyer. Complaints about treatment in custody go to the Tasmania Police Professional Standards Unit, the Integrity Commission (integrity.tas.gov.au), or the Ombudsman Tasmania (ombudsman.tas.gov.au). The Custodial Inspector oversees conditions in custodial facilities.
Relevant Law: Criminal Law (Detention and Interrogation) Act 1995 (Tas); Custodial Inspector Act 2016 (Tas); Integrity Commission Act 2009 (Tas)
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.