This page contains general information only and is not legal advice.
Quick facts
- Police may sometimes arrest people at protests even if they’re not doing anything illegal or violent.
- Fill out an ‘In Case of Emergency — Break Glass’ form before you go, so friends know what to do if you’re arrested.
- After arrest, police can hold you for up to a 6-hour investigative period before deciding to charge, bail, or release.
- If arrested: cooperate, give your name and address, but don’t answer further questions until you’ve spoken to a lawyer.
Before the protest
NSW Police responds to protests with increasingly repressive and intimidatory tactics, and arrests often happen opportunistically. Protest safety isn’t about removing risk altogether — it’s about looking after each other and keeping our activism sustainable.
- Fill out your ‘In Case of Emergency — Break Glass’ form and send it to the relevant people.
- Tell someone you’re going to the protest.
- Write an emergency legal contact number on your arm.
- Make sure the friends you’re attending with know how to contact your off-site contact person if you’re arrested.
If you are arrested
- Cooperate with police.
- Provide your name and address.
- Do not answer any other questions until you receive legal advice.
- If you are Aboriginal or Torres Strait Islander, ask police to notify the ALS Custody Notification Service.
- Speak to a lawyer before agreeing to any bail conditions.
What happens in lock-up?
You’ll be taken to a police station and processed — information logged, fingerprints taken, searched — then placed in a cell. You’ll get a chance to call a lawyer or support person (be careful what you say — calls are monitored, even to a lawyer). You’ll likely be offered an interview; it’s best to refuse and not answer police questions.
Whether you’re offered bail (and on what conditions) depends on prior convictions and the seriousness of the charges.
- Accept bail → you’re released.
- Refuse bail, or none offered → held until the next weekday’s local court, where a Magistrate decides bail or remand.
After
- Send us footage and witness statements.
- If someone you know is arrested, be ready to pick them up near the station — bring a snack, take them home.
- If you’re arrested, get in touch with LONSW for further arrestee support.
You witnessed an arrest — now what?
Arrestees are usually processed within a couple of hours (longer if multiple arrests). If you know their name, tell organisers/friends: where and when the arrest happened, any injuries, arresting officers’ names, and which station they were taken to if known. If you don’t know their name, still tell organisers you saw an arrest with any identifying details. Send us any footage.
If your friend has been arrested
- If you have their emergency form, contact their nominated person and explain what’s happened. Work out who’s doing what.
- Find out which station they’re at — via protest organisers, others at the protest, or by calling nearby stations (give the person’s full name and DOB; you only need to give your first name and relation). Calls to police are recorded — don’t say anything incriminating. You may be able to ask to speak to them.
- Protests often have an on-call lawyer for bail/charge advice — check with organisers or LONSW (often posted on LONSW social media) before finding one yourself.
- If your friend has a medical condition or needs medication, tell the station and ask for confirmation it’s being accounted for.
- Organise pickup for when they’re released — police may hold someone for up to a 6-hour investigative period before deciding. Station staff can only give a rough release estimate.
At police station pickup
Bring: snacks and water, anything requested on their emergency form, and a face mask if you need to go near/inside the station. Keep in touch with organisers or LONSW so updates can be shared.
Police note who calls about and picks up arrestees, and can cross-reference this with CCTV to make further arrests — so don’t wait inside or right outside the station. If you must enter to check on release, wear a mask and don’t give police your details. When released, pick your friend up from a safe distance away. If calling the station, don’t give your full name or personal details.
Key contacts
Legal Observers NSW — Get in touch
Instagram @legal_observers_nsw · Twitter/X @LegalObsNsw
Related resources: Street protests and the law · Police powers and home visits · Post-arrest support and bustcards
