Transcript
If you’re arrested, how long can police actually hold you in custody before charging you or letting you go?
In Victoria, police can only keep you in custody for a ‘reasonable time’ while they investigate. What’s reasonable depends on the circumstances — for example, how serious the offence is and what evidence they need to gather. For most cases, you can expect to be held for a few hours. If police want to hold you longer, they may need special authorisation or a court order. Children and vulnerable people must be dealt with more quickly. If police go over the limits, any confession or evidence they gather could be thrown out of court.
This is general information, not legal advice. If you’ve been held in custody, get a lawyer to check whether your rights were respected.
After police arrest someone in Victoria, people are often left sitting in a police station with no clear sense of how long that can legally last or what police are allowed to do during that time. This video explains how police custody works in Victoria, how courts assess whether detention is lawful, and why custody time limits matter to the outcome of a criminal case. The rules are not intuitive, and misunderstandings at this stage can have serious legal consequences. Knowing how custody is supposed to operate provides a critical reference point when police exercise their arrest powers.
The Legal Framework Governing Police Custody
When Victoria Police arrest a person, the law immediately restricts how long police may hold that person without charge. Police must either release the person, grant bail, or bring them before a bail justice or a court within a reasonable time. The Crimes Act 1958 (Vic) governs this framework, and Victorian courts actively enforce it. The obligation to act within a reasonable time arises at the moment of arrest and continues throughout detention.
What Does “Reasonable Time” Mean?
The law does not impose a fixed number of hours. Instead, courts ask whether police used custody time only for what was reasonably necessary to investigate the alleged offence. The focus is not on elapsed time alone, but on how police used that time. Police must justify both the purpose of detention and its duration. If custody extends beyond what the investigation genuinely required, the detention may become unlawful, even if police acted in good faith.
Lawful Purposes for Detention
Police may lawfully use custody time to confirm identity, assess the nature of the allegation, determine appropriate charges, consult supervisors, and carry out investigative steps requiring immediate attention. Detention must serve an active investigative purpose. Police cannot use it merely to buy time, keep options open, or wait for further developments. Custody that no longer advances the investigation ceases to be lawful.
Court Scrutiny of Police Efficiency
Courts closely examine how efficiently police progress investigations during custody. Unnecessary delays, internal administrative gaps, repeated or unfocused questioning, or delays caused by shift changes may undermine the legality of continued detention. While serious or complex matters may justify longer investigation, seriousness does not excuse inefficiency. Courts expect police to act with urgency proportionate to the deprivation of liberty involved.
Practical Factors That May Extend Custody Time
Certain practical factors may legitimately extend custody time. Transport between locations counts toward detention. Police must allow time for meals, rest, and medical care. Police also include time spent arranging interpreters, lawyers, or support persons, because police must respect legal rights during detention. Importantly, these safeguards do not suspend the custody clock. Police must accommodate them while still progressing the investigation without avoidable delay.
Your Rights While in Custody
Police procedure during custody is critical. In most cases, police must allow a person in custody to contact a lawyer and a support person. Legal communications should be private unless genuine safety or security concerns exist. Early legal advice often shortens custody by limiting improper questioning and preventing unnecessary investigative steps that expand exposure rather than resolve the investigation.
Consequences of Unlawful Detention
If police exceed lawful custody limits, the consequences can affect the entire prosecution. Courts may exclude evidence obtained after the breach, including admissions and derivative material. Unlawful detention is also relevant to assessments of fairness, the reliability of police evidence, and, in serious cases, whether the prosecution should proceed at all. Victorian courts consistently treat unlawful detention as a significant breach of legal process.
Common Mistakes People Make in Custody
From a practical perspective, many people unintentionally worsen their position while in custody. Some believe cooperation will lead to faster release, but it instead provides additional material for police to investigate, extending detention. Others consent to searches or provide access to devices without appreciating the time and exposure this creates. Delaying legal advice increases risk at the most critical stage of a criminal investigation.
What To Do If You Are Arrested in Victoria
If arrested in Victoria, a person should act deliberately. Ask why the arrest occurred. Ask what will happen next. Request phone calls. Ask for a lawyer immediately. Remain calm and provide only basic identification details. A lawyer can then assess whether police complied with custody time limits and whether the defence can challenge any evidence obtained.
FAQs
Is there a maximum number of hours police can hold me without charging me in Victoria?
Can police delay charging me while they wait for CCTV, phone data, or forensic results?
What if police keep questioning me but say I’m not charged yet?
Does time stop counting if I ask for a lawyer or support person?
Can police hold me longer because I refuse an interview?
What happens if police breach custody time limits in Victoria?
Understanding how long police can lawfully keep you in custody can significantly affect your case. Early legal advice allows a lawyer to assess whether detention exceeded what was reasonably necessary and whether any evidence obtained can be challenged.
If you are arrested or held by Victoria Police, contact Doogue + George Criminal Lawyers on (03) 9670 5111 for confidential, experienced advice as soon as possible.
