Can you refuse a Police Interview in NSW?
21 September 2025 in Criminal Law | 2 min read | skip to FAQsIn general terms, yes, you can refuse a police interview. 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 or do anything, but anything you do or say may be used against you’. This, is indeed the basis of the caution that police in Australia must provide you if you have been arrested or detained by the police.
There is a common misconception that, despite this right, you must answer police questions during a police interview.
Reasons why you should remain silent
- You are most likely unfamiliar with the law and the police.
- 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.
- Anything you say can be used in evidence against you or another person.
- There are risks associated with submitting to a police interview
It is strongly recommended that you consult an experienced criminal lawyer if asked to participate in a police interview.
Your rights if asked to participate in a police interview
- 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.
- You are allowed a support person, such as a friend, relative, guardian or independent person during an interview (pursuant to Section 123 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)).
It is strongly recommended that you consult an experienced criminal lawyer if asked to participate in a police interview. The criminal lawyers at BSM Sydney Lawyers provide a free 20-minute no obligation phone consultation.
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”, pursuant to Section 11 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
How can BSM Sydney Lawyers assist you?
The criminal lawyers at Brander Smith McKnight Sydney Lawyers have the expertise to advise you and fiercely advocate for you. We will defend your rights during a police interview or advising you to not agree to a police interview. Our criminal legal team have extensive court experience and can effectively represent you, saving you money. In more serious matters we have a panel of criminal barristers that we use. Our senior criminal lawyers offer a free 20-minute consultation.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
FAQs
When do the Police have to Advise you of your Right to Remain Silent?
The police need to advice you of your right to remain silent and tell you that anything you say or do can be used against you only if you have been arrested or detained by the police.
Should I agree to a Police Interview?
If you have not been arrested or detained by the police, you should generally not agree to a police interview. You are strongly advised to speak to an experienced criminal lawyer prior to agreeing to a police interview.
The criminal lawyers at BSM Sydney Lawyers provide a free 20-minute, no obligation phone consultation and can assist you.
Do the Police have the Right to Fingerprint me?
If you are in lawful custody and are over 14 yrs of age, the police have the right to photograph you and take fingerprints and palm-prints. This is according to Section 133 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
Can the Police Stop and Search my Car?
Yes. The police have the power to stop, search and detain a vehicle without a warrant if the police officer suspects, on reasonable grounds, a range of possibilities. This includes that the vehicle has been stolen, used in a criminal act or contains prohibited plants or drugs.
BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.
About the Author
Ryan RenBachelor of Laws I Bachelor of Commerce (Marketing) I Graduate Diploma of Legal Practice I Admitted to the Supreme Court of NSW & the High Court of Australia
View profileRyan is an accomplished senior lawyer with extensive experience in criminal law. Ryan holds a double degree from the University of Wollongong; Bachelor of Laws and a Bachelor of Commerce. He also holds a Graduate Diploma of Legal Practice. Ryan is a skilled negotiator and advocate and consistently achieves excellent outcomes for his criminal law clients. His expertise and focus enable him to deliver the best possible outcomes for his clients. Ryan is a senior member of the Criminal law team and has detailed knowledge of your rights and responsibilities during a police interview.
