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Arrested in Australia: your rights

If you are arrested in Australia: held up to 12 hours before a judge; a right to a lawyer, with limits; a free interpreter by law.

Updated October 2026. Spotted a mistake? Tell us.

Read this first. These are the general rules, not your case, and the first hours of an arrest are the most important. Special regimes for terrorism, organised crime and state security are often stricter than the general rule. In an emergency, ask for a lawyer and your embassy at once. This is general information, not legal advice.

Time before a judge

12 hours

For federal offences the police have a four-hour investigation period, which can be extended to 12 hours. Each state and territory has its own period. You must then be released or brought before a court.

Access to a lawyer

Partial

You have the right to contact a lawyer, and free legal advice is available through legal-aid hotlines, but the police may question you after a reasonable time even if the lawyer is not yet there.

Free interpreter

Yes

The police must arrange an interpreter if you do not speak English well enough.

Wherever you are arrested

  • Your embassy has a right to be told. Under Article 36 of the Vienna Convention on Consular Relations, which almost every country has signed, the authorities must tell you without delay that you may have your consulate told of your arrest, and must pass on your message if you ask. Ask for it by name: “I am a foreign national and I want my embassy to be told.”
  • Ask for a lawyer and an interpreter first. Say that you want a lawyer and, if you need one, an interpreter, before you answer questions. In many countries you may stay silent; where you may, using that right is not an admission of guilt.
  • Do not sign what you cannot read. Do not sign a statement or any other document in a language you do not understand, or one you have not been allowed to read.
  • Ask that someone is told. Most countries let you have a relative or another person told that you have been arrested. Ask for it, and give the person's number.
  • What your embassy can and cannot do. An embassy can visit you, give you a list of local lawyers, contact your family and make sure you are treated like local detainees. It cannot get you released, pay your legal fees, give you legal advice or ask for the law to be set aside.

More about Australia

Sources

For the exact rule and its text, use Australia’s own constitution and code of criminal procedure, which are the authority. Your own government’s travel advice for Australia tells you what your embassy there can do.

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TheLawToKnow Tools’s arrested abroad guide is an educational overview of general rules. It is not legal advice, and it does not replace the country’s own law or a lawyer in the country. Report a mistake.