Being held in police custody

If you’ve been arrested and taken to the police station, you may be held in custody in the watch-house.

If you’re taken to court directly from the watch-house, you may be able to get help from the duty lawyer.

When you need legal advice

Get legal advice if:

  • you’ve been charged with an offence and are going to court
  • you’ve been asked to give a DNA sample or identifying particulars and you don't want to
  • before any police interview
  • if you’re unsure about your rights 

How to get legal advice

Police powers at the watch-house

Once you’re in custody, the police have the power to:

  • search you and your belongings
  • take property from you (if they do, they must give you a receipt)
  • take your identifying particulars including palm prints, fingerprints, handwriting samples, voice-prints, footprints, photos of scars or tattoos and body measurements (except for some minor offences)
  • take DNA samples for more serious offences
  • if you’re not an Australian citizen or permanent resident, detain you in custody until you surrender your passport
  • let you go:
    • without charging you
    • after you're charged and you sign a bail undertaking to go to court on a future date
    • for cash bail—you pay an amount and you’re given a court date
    • after giving you a notice to appear in court on a future date.
  • keep you in custody until you go to court (where you can apply for bail).

Visitors, change of clothes and medication

Generally, you won’t be allowed visitors, except for a lawyer. Someone can drop off a change of clothes for you—if the watch-housekeeper agrees. If you’re moved to a remand centre you may have visitors during visiting hours. You won’t be able to access your prescribed medication until you’re assessed by a government medical officer who can authorise medication.

How long can I be kept in the watch-house?

Without charge

If you’re being held for questioning about an indictable offence, the police can hold you for up to 8 hours, but they can only question you for up to 4 hours.

See being arrested.

With charge

If you've been charged with an offence and the police won't give you bail, they must take you to court as soon as reasonably possible.

When you go to court, you can do 1 of the below:

  • plead guilty and have your matter finalised
  • apply to the court for bail (If you don't want to plead guilty or your case has to go to a higher court)
  • not apply for bail and be held in custody until your next court date. 

If the court gives you bail, you can leave once you’ve signed your bail undertaking.

Learn more about applying for bail

If the court doesn't give you bail, you'll be returned to custody until your next court date. First, you’ll be taken back to the watch-house, and then you’ll be taken to a remand centre until your next court date.

You usually won't stay in the watch-house for more than a few days, but you may be held in a remand centre for much longer.

How to get legal advice

What to do if you’ve been charged with an offence

We may give legal advice about being held in police custody.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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