Arrests in Japan
The following is general information only. For detailed legal information or advice regarding your specific circumstances, please contact a lawyer.
Japan's legal processes can be quite different to those in Australia. Unfortunately, arrest in Japan usually involves a lengthy stay in a police detention centre. Even if charged and given a suspended sentence, or if a deportation order is made, a detainee can could expect up to 2-3 months detention. This period of detention can have a dramatic affect on current and future employment, family relationships and financial circumstances.
When we learn of the arrest of an Australian citizen we will attempt to visit at the earliest opportunity. Japanese police do not allow consular officers to visit on a public holiday or on a weekend.
Local Law
In general, arrestees in Japan can be held for up to 23 days before they must be either charged or released.
Legal aid or court appointed lawyers
In Japan arrestees are entitled to at least one free visit from a duty lawyer (toban bengoshi). Legal aid is also available to individuals that meet certain criteria. Arrestees need only notify the police and can then discuss this further during their visit from the duty lawyer.
Once a person is charged, if they have not already engaged the services of a private lawyer, they may elect to be represented by a court appointed lawyer.
List of local lawyers
We provide lists of local English speaking lawyers around Japan. Neither the Australian Government, nor the Australian Embassy, can accept any responsibility whatsoever for the competence or otherwise of any of the practitioners listed, nor for any costs involved.
Other information
Useful information regarding local laws in Japan can also be found on our Travel Advice. For more information on what consular staff in Australia and overseas can do to assist prisoners and their families please read our brochure: Arrested or Jailed Overseas.
Sample letter to an arrestee in Japan
Frequently Asked Questions
View FAQ and information concerning arrests in Japan.