Australia Rights Guide
Your Rights When Arrested in Australia
When arrested in Australia, you have the right to silence, the right to a lawyer, and the right to not be held indefinitely without charge. Here is exactly what to say.
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Direct Answer
When arrested in Australia, you have the right to remain silent (except in some states where you must give your name and address), the right to contact a lawyer before being questioned, and the right not to be held without charge indefinitely. Police must caution you about your right to silence before questioning. You should say nothing and ask for a lawyer before answering any questions.
What the Law Says
Your Legal Foundation
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Section 99
“Police may arrest a person without a warrant if they reasonably suspect the person has committed an offence. The person must be brought before a magistrate or released as soon as practicable.”
Crimes Act 1914 (Cth)
Section 23G
“A person arrested for a federal offence must be brought before a magistrate as soon as practicable, and must be informed of the right to communicate with a legal practitioner.”
Evidence Act 1995 (Cth)
Section 89
“Silence in response to police questioning is not to be used as evidence against a person in criminal proceedings.”
Common Questions
Frequently Asked Questions
Do I have to answer police questions in Australia?
No — except for providing your name and address when required, you do not have to answer questions. You can say "I invoke my right to silence" or simply "No comment." Courts cannot draw adverse inferences from silence in most Australian jurisdictions.
Can police search me without a warrant?
Police can search you on arrest, or if they have reasonable suspicion you are carrying weapons or illegal items (varies by state). If you believe a search is unlawful, do not physically resist — challenge it in court later. Ask the officer to state the legal basis for the search.
What is a "caution" and why does it matter?
Before formal questioning, police must caution you that you do not have to say anything, but anything you do say may be used as evidence. If police fail to caution you, statements made during that questioning may be inadmissible in court.
Can I be arrested for something that is not a crime?
Police can arrest for any offence they reasonably suspect you of, including minor offences. If you believe the arrest is unlawful, do not resist — challenging an unlawful arrest physically is itself an offence. Raise the unlawfulness with a lawyer immediately.
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