We offer you a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Please call us on 02 8539 7475 or email us for a call back.

close

Can I refuse a Police Interview?

In general terms, yes.

You have the right to silence and do not have to speak or provide the police with a written statement.  Many people have seen movies where the police caution a person by saying ‘you do not have to say anything, but anything you do say may be used against you’.  This, is indeed the basis of the caution that police in Australia must provide you if you are asked to participate in a police interview.

There is a common misconception that, despite this right, you must answer police questions during a police interview.

Reasons why you should remain silent.

  1. You are most likely unfamiliar with the law and the police.
  2. The police on the other hand are experienced and trained.  Moreover, there will be at least two police officers present during the interview which can be intimidating.
  3. Anything you say can be used in evidence against you or another person.

Your rights if asked to participate in a police interview.

  1. You are entitled to legal representation or advice before engaging in an interview. You are also entitled to reasonable facilities where you can speak to a lawyer.
  2. You are allowed a support person, such as a friend or relative, during an interview.

The exception to the right to silence.

You must disclose your identity to the police if asked.  This includes your name, address and date of birth.  It is an offence to refuse to provide this information.  “A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred”. Law Enforcement (Powers and Responsibilities) Act 2002, Section 11.

Why Brander Smith McKnight Lawyers?

Our criminal lawyers have the expertise to advise you and fiercely advocate for you.  We will defend your rights.

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

We are conveniently located in Sutherland, Parramatta, Wollongong and Sydney CBD.

Head Office

phone close