Do I have to talk to the police?
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Do I have to talk to the police?
The police can come up to you and ask you questions at any time, but this does not mean you are obliged to answer all of their questions. It is a good idea to find out why they want to talk to you.
The police can generally ask you to provide your name and address especially where they reasonably suspect that you have broken the law. A police officer must warn you that it is an offence not to give the police officer your correct name and address.
Remember, anything you say to the police can be used by them. You don't have to be at a police station being interviewed. There is no such thing as 'off the record'. The police may use what you say to decide whether or not to arrest or charge you, and the police may use what you say against you in court.
The police are asking me questions. I've got the right to remain silent, haven't I?
Yes, you do. Whether you've been stopped in the street, you've agreed to go to the police station or you're under arrest, but there are some things the police have the power to ask you and if you don't answer you are breaking the law.
Some examples where you must answer are:
- your name and address
- date and place of birth in drug matters
- where the police suspect you have broken traffic laws or if you have seen an accident they have wide powers to get information
- some other questions that they have power to ask under special laws
If you don't want to answer questions and you're not sure whether you have to, ask a lawyer for legal advice.
The police want me to go to the police station to answer questions. Do I have to go?
No, unless you are under arrest. The police cannot force you to go to the police station without arresting you. Just because the police call at your address or ring you and ask you to come to the police station doesn't mean you have to go there.
If police don't seem to be giving you a choice about going to the police station you can ask if you're under arrest. If you're not you don't have to go.
Even if you do go to the police station, you still have the right to remain silent.
I've told the police I don't want to be interviewed but they're still at me to go to the police station anyway. What can I do?
Sometimes the police tell you that you still need to come and say on a tape that you don't want to be interviewed. You don't have to do it. You may need to write a letter to confirm that you don't want to go and be interviewed.
In some circumstances you do have to answer questions or show police things like your ID, your licence.
If you don't want to answer questions and you're not sure whether you have to, ask a lawyer for legal advice.
The police want to interview me to tell my side of the story. If I've got nothing to hide it can't hurt to go for a police interview can it?
Yes, it can.
- If you say something, it's recorded and you can't take it back. It can be used against you in court (unless you can get the interview thrown out, which is hard).
- Even if you've done nothing wrong, you can feel nervous at the interview, misunderstand the question and perhaps answer incorrectly.
- You might expect one charge, but what you say can lead to a different, more serious charge or more charges.
- You can take a lawyer with you to the interview to advise you, but the lawyer cannot interfere in the interview.
- Even if it doesn't hurt to go and be interviewed, it doesn't usually help you either.
- It's rare that what you say in an interview will mean that the police will drop charges against you.
You can get advice from a lawyer about whether agreeing to a police interview is a good idea for you. Legal Aid Queensland does not provide lawyers to go to the police station with you, but can arrange for you to get legal advice to help you decide whether you want to agree to an interview.
If I agree to be interviewed, what are my rights?
You can talk to a friend, relative or lawyer before you have the interview and the police have to tell you that you have to be able to understand what's going on properly, for example:
- if you're drunk you can insist that you get interviewed later when you're sober
- if you don't speak English very well you can insist on an interpreter who speaks your language
- if you're deaf you can insist on an Auslan interpreter
- you have a right to get a copy of any statement you make to police or a copy of any taped record of the interview.
If you are an Aboriginal or Torres Strait Islander 17 or over special provisions apply for questioning in relation to indictable offences. Police must inform you of the right to communicate with a friend, relative or lawyer. Police must notify or try to notify a representative of a legal aid organisation that you are in custody. If you are in custody you should be given the opportunity to speak to an interview friend before questioning starts, and the interview friend should be present during questioning.