What are the rights of a juvenile who has been arrested?

• A juvenile who has been arrested and taken into police custody should immediately notify the arresting officer of their age and ask for their parents or lawyer
• A young person cannot be interviewed fingerprinted or photographed except in the presence of their parent, lawyer or other nominated person.
• Young people who have been arrested:
  • have the right to remain silent during the police interview apart from giving their name date of birth and address;
  • are not required to make a statement or sign any document; and
  • are entitled to free legal representation.
• If the young person is of Indigenous or Torres Strait Islander background police must notify the relevant Aboriginal Legal Service in the state or territory where the arrest took place.
• The police cannot detain any person including a juvenile for longer than 24 hours unless:
  • they have been to court and the judge or magistrate has refused bail; or
  • the person is being detained on suspicion of a terror-related activity.
• You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice