Arrests in Japan
Japan's legal processes can be quite different to those in Australia. Recently there has been an increasing number of Australians arrested in Japan, often for matters that would be regarded as relatively minor offences 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 normally look forward to a total of at least 2 -3 months detention. This period of detention can have a dramatic affect on current and future employment, family relationships and financial circumstances.
Arrest and the Consular function
The main objectives of the Embassy in providing Consular assistance to arrested Australians is:
- To ensure, as far as possible, that an arrested person receives the benefit of the same laws, administration and protection of rights and redress that are available to citizens of the country in which the arrest took place;
- To the extent possible, to see that an arrested person receives the same facilities, including accommodation, diet and medical/dental treatment, that is generally afforded to citizens of the country in which the arrest took place; and
- To provide whatever assistance and advice (except legal advice) that can reasonably be given.
Local jurisdiction
Every country has the right to determine the law, administration, protection of rights and means of redress for injuries that are to apply to citizens of that country. Where these are applied equally to all, there is normally no ground for complaint or representation by the Australian Government on behalf of an Australian citizen who is in conflict with the local law.
It is important to understand that any charge and trial will be in accordance with the local law and if found guilty you will be required to serve your sentence in the country where the offence was committed. There is no provision for an Australian imprisoned in Japan to be returned to Australia to serve the sentence.
Funds requirements
Should a detainee need money to meet legal fees (and incidentals while detained) and is unable to access banking or communication facilities, the detainee can request communication assistance from the Consular Section. With the detainee's permission, the Consular Section will contact nominated friends or relatives to request financial assistance for the detainee.
Legal aid or court appointed lawyers
Following initial arrest in Japan, a detainee is entitled to a visit from a public duty lawyer one time free of charge.
In Japan, legal aid may be obtained if you meet the criteria. The detainee needs to discuss this during their visit from the duty lawyer. Alternatively, a detainee may choose to engage the services of a private 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
You can get a list of local lawyers known to be practicing in the Tokyo area. It should be noted that 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.
Frequently Asked Questions
View FAQ and information concerning arrests in Japan.