News · Criminal law explainer
What are your rights in police custody in NSW?
Being held in a police station is stressful, and knowing your rights helps you get through it without making the situation worse. In New South Wales the rights of a person in custody are set out in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This note explains what those rights are and how long police can hold you.
By Aaron Kernaghan · Published 3 September 2026
If you are arrested and held in NSW you have important rights under LEPRA: to be told why you are there, to stay silent about the allegation, to try to contact a lawyer and, in many cases, a friend or family member, and to an interpreter if you need one. Police can hold you only for a reasonable investigation period before they must release you, grant bail, or bring you to court.
The right to know why you are there
When you are arrested, police must tell you that you are under arrest and the reason for it. In custody, you are entitled to understand why you are being held. This is basic: you cannot answer the situation if you do not know what it is about.
You can ask what offence is being investigated. Knowing the reason also helps a lawyer advise you quickly.
The right to silence and to a lawyer
You have the right to silence. Beyond your identifying details, you do not have to answer questions about the allegation, and your silence cannot be treated as guilt. You also have the right to communicate with a lawyer, and police must generally give you a reasonable chance to do so before an interview.
Using these two rights together is the heart of protecting yourself in custody: say you want legal advice, and do not answer questions about the allegation until you have it. Our note on the recorded interview explains why.
The right to a support person and an interpreter
You are generally entitled to have police notify a friend or family member of where you are. Children and vulnerable people have the right to a support person during questioning, and there are limits on questioning them without one. If you do not speak English well, you are entitled to an interpreter.
These rights exist so that people are not questioned at a disadvantage. If you need a support person or an interpreter, say so.
How long can police hold you?
Police can hold you for a reasonable investigation period, which is capped by LEPRA and can be extended by a detention warrant. Certain time does not count towards that period, such as time to rest, to receive medical attention, or to contact a lawyer.
At the end of that period police must release you, release you on bail, or bring you before a court. They cannot hold you indefinitely to keep investigating. Our note on police station bail explains what happens next.
What you should do in custody
Stay calm and polite. Give your name and address where required. Ask to speak to a lawyer, and say you do not wish to answer questions until you have. Ask for a support person or interpreter if you need one. Do not sign anything you do not understand.
Most of all, do not try to talk your way out of it. Our notes on arrest powers and the first thirty days explain what happens after custody.
Frequently asked.
What rights do I have in police custody in NSW?
To be told why you are there, to stay silent about the allegation, to try to contact a lawyer and, in many cases, a friend or family member, to a support person if you are a child or vulnerable, and to an interpreter if you need one.
Can I call a lawyer from the police station?
Yes. A person in custody has the right to communicate with a lawyer, and police must generally give a reasonable opportunity to do so before an interview.
How long can police hold me?
For a reasonable investigation period capped by LEPRA, which can be extended by a detention warrant. Some time is not counted, such as time to rest, get medical help, or contact a lawyer. Then you must be released, bailed, or brought to court.
Do I have to answer questions in custody?
No. Beyond your name and address where required, you have the right to silence about the allegation, and your silence cannot be treated as guilt.
Can I have someone with me during questioning?
Children and vulnerable people are entitled to a support person during questioning, and there are limits on questioning them without one. You are also generally entitled to have someone notified of where you are.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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