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Police Want to Interview You: Your Rights Before You Say Anything

If police have asked you to "come in for a chat", make a statement, or answer questions, it is okay to stop and get legal information before you agree to anything. In Australia you usually do not have to attend a police interview or answer questions unless you have been arrested or a specific power applies — and you have the right to speak to a lawyer first. This page explains your rights in plain English so you can make a calm, informed decision.

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There is no fixed countdown, but what you say (or choose not to say) early on can shape the whole case, and these decisions are often made under pressure. Where you can, get legal information before the interview rather than after it.

Police Want to Interview You at a glance

Do you have to go?

Usually no — if you are not under arrest, attending a police interview is generally voluntary and you can decline.

Right to silence

You generally don't have to answer questions or do an interview. Silence by itself isn't evidence of guilt (with a limited NSW exception, below).

What you must give

In most situations you must give your correct name and address when police have a lawful reason to ask. Giving a false name or address can be a separate offence.

Right to a lawyer

You can get legal advice before deciding, and you can tell police you won't be interviewed until you've spoken to one.

NSW serious offences (s 89A)

For serious indictable offences only (maximum penalty 5+ years), staying silent may later count against you — but only if a special caution was given AND your own Australian lawyer was physically present. No lawyer present means no inference. This does not apply to under-18s.

Federal vs state

Commonwealth offences (Crimes Act 1914) keep a full right to silence with no adverse inference. State and territory offences follow each jurisdiction's own rules.

Nothing is off the record

There is no 'off the record'. Anything you say — formal or informal — can be used as evidence.

Do you actually have to attend or answer?

In most cases, no. If police ask you to "come in for a chat", make a statement, or do a voluntary interview, and you are not under arrest or being detained under a specific power, attendance is usually voluntary — you can politely decline.

Things change if you are arrested or a particular police power applies. Even then, you keep important rights, including the right to silence and (once in custody) the right to contact a lawyer before being questioned.

The safest first step is the same either way: don't agree to be interviewed on the spot. Say you want legal advice first, then get it. Talk it through with a lawyer now →

Your right to silence — and the one big exception

At common law and for Commonwealth (federal) offences, you have a full right to silence, and a court cannot draw an adverse inference against you simply for staying quiet when questioned.

The main exception is in New South Wales. Under section 89A of the Evidence Act 1995 (NSW), for serious indictable offences (an offence with a maximum penalty of 5 years' imprisonment or more), a court may later draw an unfavourable inference if you rely on a fact in your defence that you didn't mention when questioned — but only if:

• a "special caution" was given, AND

• an Australian legal practitioner who was acting for you was physically present, AND

• you had a reasonable chance to speak with that lawyer first.

If no lawyer is present, that inference cannot be drawn. In NSW this is a strong reason to stay silent until your own lawyer is physically with you. The rule does not apply to people under 18. Most other states and territories keep the traditional right to silence without this penalty. Talk it through with a lawyer now →

What you must give: name and address

In most situations, you must give your correct name and address (and sometimes proof of it) when police have a lawful reason to ask — for example, when they suspect you of an offence or are investigating one.

• Giving a false name or address can itself be an offence.

• Beyond your identifying details, you usually don't have to answer anything else.

A calm, useful position is often: provide your correct name and address, then say you wish to remain silent and to speak to a lawyer before answering anything further. Talk it through with a lawyer now →

Federal vs state matters — why it changes the rules

Which law applies depends on the offence being investigated.

• State and territory offences (most crimes — assault, theft, drink-driving) are governed by each jurisdiction's own legislation and are usually handled by state or territory police.

• Commonwealth offences (for example, tax, social security fraud, importation, terrorism) are governed by Part 1C of the Crimes Act 1914 (Cth) and often involve the Australian Federal Police.

The key practical difference is the right to silence: for Commonwealth offences it is preserved with no adverse inference, while NSW's section 89A is the main state exception for serious offences. If you're not sure which applies to you, that's another reason to get advice before answering. Talk it through with a lawyer now →

When silence may not be protected (coercive powers)

Some powers can override the ordinary right to silence. If one of these applies, get advice quickly — the usual "say nothing" approach may not apply, and there can be penalties for refusing.

• Roadside breath and drug tests.

• Certain family-violence and mental-health situations.

• Terrorism, ASIO and other coercive-questioning regimes.

• Statutory notices that legally require you to provide information.

These are specialised areas. If police say you are legally required to answer, don't guess — ask to speak to a lawyer immediately and get advice on exactly what you must and must not do. Talk it through with a lawyer now →

If you are arrested, in custody, or charged

If you are arrested or in custody, a formal caution must be given before questioning, and the interview is normally recorded. You have the right to contact a lawyer — and in some cases a support person — before being questioned.

• Ask to phone a lawyer straight away, and try not to start the interview until you have advice.

• If you are charged and bail is refused, you must generally be brought before a court promptly (often the next available sitting).

Bail and first court dates can move quickly, so arranging legal help promptly matters. Duty lawyers and Legal Aid can often assist at this stage. Talk it through with a lawyer now →

How Legal Hotline can help right now

Legal Hotline is a free, 24/7 service that gives you clear legal information the moment police make contact — so you can decide what to do calmly. We are not a law firm, and what we provide is general information, not legal advice. We can talk you through your right to silence, what you must give police, and the questions worth asking before any interview.

If you want advice on your specific situation, we can book you a fixed-fee consultation with an admitted Australian lawyer, so you know the cost upfront.

• If you or someone else is in immediate danger, call 000 now.

• If you're at a police station or in custody, ask to phone a lawyer immediately. For general legal information you can also contact LawAccess NSW on 1300 888 529 (business hours), or, if you are under 18, the Legal Aid NSW Youth Hotline on 1800 10 18 10 (available after hours). Legal Aid and duty lawyer services operate in every state and territory. Talk it through with a lawyer now →

What to do if police want to interview you

Stay calm and don't agree on the spotBe polite and cooperative about basic conduct, but don't commit to an interview or statement immediately. Calmly say you'd like to get legal advice first. You are allowed to take that time, whether or not you are under arrest.

Give your name and address — then say you wish to remain silentIf police have a lawful reason to ask, give your correct name and address (lying or refusing can be a separate offence). Beyond that, you can clearly state that you wish to remain silent and to speak to a lawyer before answering anything else.

Get legal information or advice before the interviewContact Legal Hotline (free, 24/7) for clear information about your rights, or a lawyer for advice on your specific situation. In NSW, for a serious offence, do not do an interview without your own lawyer physically present, because of the special-caution rule. If you can't reach a lawyer, tell police you won't be interviewed until you have.

Write down what happened and arrange a lawyer promptlyAs soon as you can, note the officers' names, the station, the time, and what was said. If you've been charged or bail is in question, court dates can move fast — arrange a lawyer or duty lawyer straight away. Legal Hotline can book you a fixed-fee consultation with an admitted Australian lawyer.

Police Want to Interview You — your questions answered

Do I have to go to a police interview if they ask me to?

Usually no. If you are not under arrest or being detained under a specific power, attending a police interview is generally voluntary, and you can decline. If you are arrested or in custody the situation is different, but you still have the right to silence and the right to contact a lawyer before questioning. Either way, the safest step is to get legal advice before agreeing to be interviewed.

Can the police hold my silence against me?

Generally no. At common law and for Commonwealth offences, a court cannot draw an adverse inference simply because you stayed silent. The main exception is NSW, where under section 89A of the Evidence Act 1995 (NSW), for serious indictable offences (maximum penalty 5 years or more), silence may later count against you — but only if a special caution was given and your own Australian lawyer was physically present. If no lawyer is present, that inference cannot be drawn, which is a strong reason to stay silent until your lawyer is with you. This rule does not apply to people under 18.

What do I actually have to tell the police?

In most situations you must give your correct name and address (and sometimes proof) when police have a lawful reason to ask — for example, when they suspect you of, or are investigating, an offence. Giving a false name or address can be a separate offence. Beyond your identifying details, you usually don't have to answer anything, and you can say you wish to remain silent and to speak to a lawyer first.

Is anything I say really 'off the record'?

No. There is no such thing as 'off the record' with police. Anything you say — whether in a formal recorded interview or an informal chat in a car or doorway — can be used as evidence. Don't guess, exaggerate or lie to fill a silence; a wrong or invented answer can create new problems. Silence is safer than a wrong answer.

Should I just explain my side to clear things up quickly?

It's very common to want to 'sort it out' on the spot, but that's usually the moment to slow down. People often unintentionally say things that are wrong, incomplete, or easily misread, and you can't take it back. Get legal advice first so you understand what's really being investigated, then decide whether and how to respond — ideally with a lawyer's help.

Are there situations where I can't stay silent?

Yes. Some powers override the ordinary right to silence — for example, roadside breath and drug tests, certain family-violence and mental-health situations, terrorism and ASIO coercive-questioning regimes, and statutory notices that legally require information. If police say you are legally required to answer, don't guess what to do — ask to speak to a lawyer immediately and get advice on exactly what you must and must not provide.

What if I or someone else is in danger right now?

If you or someone else is in immediate danger, call 000 now for police, fire or ambulance. For family or domestic violence and sexual assault, you can call 1800RESPECT on 1800 737 732, available 24/7. If you're at a police station or in custody and need urgent legal help, ask to phone a lawyer immediately, and Legal Aid and duty lawyer services operate in every state and territory. This page is general information, not legal advice; speak to a lawyer about your specific situation as soon as you can.