Practice Relating to Rule 99. Deprivation of Liberty
Section C. Prompt information on the reasons for deprivation of liberty
Australia’s LOAC Manual (2006) states: “Where a person is arrested, detained or interned for actions related to the armed conflict, they must be informed promptly in a language that they understand of the reason for these measures.”
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s Crimes Act (1914), as amended to 2007, states:
3ZD Persons to be informed of grounds of arrest
(1) A person who arrests another person for an offence must inform the other person, at the time of the arrest, of the offence for which the other person is being arrested.
(2) It is sufficient if the other person is informed of the substance of the offence, and it is not necessary that this be done in language of a precise or technical nature.
(3) Subsection (1) does not apply to the arrest of the other person if:
(a) the other person should, in the circumstances, know the substance of the offence for which he or she is being arrested; or
(b) the other person’s actions make it impracticable for the person making the arrest to inform the other person of the offence for which he or she is being arrested.