What are my rights if I am arrested by federal police?

In Plain English

If you are arrested by the Australian Federal Police (AFP), you have certain rights designed to ensure you are treated fairly. These rights include:

  • Being informed of the reason for your arrest: The AFP must tell you why you are being arrested when they arrest you, unless it's obvious or impossible to do so at the time.
  • Searches: If you are searched, the AFP must not use more force or cause you more embarrassment than is reasonably necessary. Searches should generally be conducted by an officer of the same sex as you.
  • Right to silence: You have the right to remain silent and not answer questions.
  • Legal Advice: You should be given the opportunity to seek legal advice.
  • Humane Treatment: You must be treated with humanity and respect for your dignity while in custody.
  • Medical Treatment: If you are ill or injured, you have the right to medical treatment.
  • Refreshments and Facilities: You should be provided with reasonable refreshments and access to toilet facilities.
  • Interpreter: If you don't understand English, you have the right to an interpreter.

Detailed Explanation

When arrested by the Australian Federal Police (AFP), several pieces of legislation and common law principles protect your rights.

  1. Grounds for Arrest:

    • The AFP must inform you of the grounds for your arrest, as stated in section 271(5) of the Federal Circuit and Family Court of Australia Act 2021. It is sufficient if you are informed of the substance of those grounds, not necessarily in precise or technical language, as per section 271(6) of the Federal Circuit and Family Court of Australia Act 2021. This requirement doesn't apply if you should already know the grounds or if your actions make it impractical to inform you, according to section 271(7) of the Federal Circuit and Family Court of Australia Act 2021.

    • Use of Force During Arrest:

    • Section 271(4)(a) of the Federal Circuit and Family Court of Australia Act 2021 states that the arrester must not use more force, or subject the arrestee to greater indignity, than is necessary and reasonable to make the arrest or to prevent the arrestee’s escape after the arrest.

    • Lethal force is only permitted if the arrester reasonably believes it is necessary to protect life or prevent serious injury, as outlined in section 271(4)(b) and (c) of the Federal Circuit and Family Court of Australia Act 2021.

    • Searches:

    • Under section 14J of the Australian Federal Police Act 1979, a designated person (which includes a protective service officer) may stop and search you if they suspect on reasonable grounds that you have something that could cause substantial damage or harm in circumstances likely to involve a protective service offence.

    • If the designated person is not of the same sex as you, the search must be conducted by someone of the same sex, as detailed in section 14J(3) of the Australian Federal Police Act 1979.
    • Section 14J(6) of the Australian Federal Police Act 1979 states that the person conducting the search must not use more force or subject you to greater indignity than is reasonable and necessary.

    • Rights While in Custody:

    • Humane Treatment: Section 101H(1) of the Defence Force Discipline Act 1982 (though primarily for Defence Force members) reflects a general principle that you should be treated with humanity and respect for human dignity.

    • Medical Treatment: Section 101H(3) of the Defence Force Discipline Act 1982 requires that if you request or appear to need medical treatment, it must be provided.
    • Refreshments and Facilities: Section 101H(4) of the Defence Force Discipline Act 1982 states you must be provided with reasonable refreshments and access to toilet facilities.
    • Interpreter: If you have difficulty communicating in English, section 101H(6) of the Defence Force Discipline Act 1982 requires that an interpreter be present during questioning, unless immediate questioning is necessary to prevent serious harm.

    • Right to Silence and Legal Advice:

    • While not explicitly stated in the provided legislation, the right to silence and the right to legal advice are fundamental common law rights that are generally applicable.

    • Drug Testing (Specific to AFP Appointees):

    • The Australian Federal Police Regulations 2018 outline procedures for drug and alcohol testing of AFP appointees. These regulations emphasize respectful conduct, reasonable privacy, and the opportunity to dispute test results (see Australian Federal Police Regulations 2018 Chunk 45 and Division 7 of Part 2).

It's important to remember that this information is a summary based on the provided legislative context. If you are arrested, you should seek legal advice as soon as possible.