Talking to the police

You have the right to remain silent, whether you have been stopped in the street, agreed to go to the police station or are under arrest.

When you need legal advice

Get legal advice if:

  • you’re concerned about doing a police interview, providing a DNA sample, or if police want to talk to you about a serious offence
  • you’ve been charged and
    • are going to court
    • the court has been adjourned
    • you want to transfer your case to another location or a different type of court (e.g. Mental Health Court)
    • you think you’ve missed your court date
  • you have questions about your sentence, bail or about telling people about your criminal history.

How to get legal advice

Police questioning

Police can approach you and ask questions at any time, but this doesn’t mean you have to answer all of them. It’s a good idea to find out why they want to talk to you.

They can ask you to give your name and address, especially if they reasonably suspect you’ve broken the law. The officer must warn you it’s an offence not to give them your correct name and address.

Police have wider powers to identify you if they reasonably suspect you're part of a criminal organisation. They can also use anything you say to them at any time as evidence. You don't have to be at a police station being interviewed for any information you provide to be used as evidence against you. There’s no such thing as 'off the record'. Police may use what you say to decide whether or not to arrest or charge you, and this may be used against you in court.

The right to remain silent

You have the right to remain silent whether:

  • you’ve been stopped in the street
  • you’ve agreed to go to the police station
  • you’re under arrest.

When you must answer police questions

There are some situations where the police can ask you questions and if you don’t respond, you are breaking the law. Examples include:

If you don't want to answer questions and you're unsure if you have to, get legal advice.

Going to the police station

You can’t be forced to go to the police station, unless you’re under arrest.

Just because police come to your home or call and ask you to come to the station, it doesn't mean you have to.

If police don’t give you a choice about going to the station, you can ask them if you’re under arrest. If you are not under arrest, then you don’t have to go.

Even if you go to the station, you still have the right to remain silent.

Learn more about being arrested.

When you don’t want to be interviewed

Sometimes police may tell you, you need to go to the station and make a statement on tape saying you don't want to be interviewed. You don't have to do this, but you may need to put it in writing that you don't want to be interviewed.

In some situations, you will have to answer questions, or show police things like your ID.

Having a police interview

You don’t have to agree to do an interview. If you’re a suspect, it’s usually best not to until you’ve had legal advice. Police will usually charge you anyway, whether you give an interview or not.

When agreeing to a police interview, be aware:

  • If you say something, it will be recorded and you can’t take it back, and it can be used against you in court (unless you can get the interview thrown out, which is hard to do).
  • You might feel nervous at the interview, even if you’ve done nothing wrong, and may misunderstand the question being asked or answer incorrectly.
  • You might start the interview expecting to be questioned on a specific charge, but what you say can lead to a different, more serious charge, or extra charges.
  • You can take a private lawyer with you, but they can’t 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 police will drop charges against you based on what you say in an interview.
  • The police don’t have to tell you the truth about what they might know about the alleged incident.

You should get advice from a lawyer about whether you should agree to a police interview. Legal Aid Queensland can’t provide you with a lawyer to go to the police station with you, but we can arrange for you to get legal advice to help you decide what to do.

Police must delay starting the interview for a reasonable amount of time for you to contact a lawyer for legal advice. The amount of time depends on the circumstances, but it’s usually up to 2 hours. You can be held for up to 8 hours for questioning, unless police are granted permission by a magistrate to extend the time.

Your interview rights

You can talk to a friend, relative or lawyer before your interview.

Police must make sure you understand what’s happening before the interview begins. For example:

  • If you're drunk, you can insist police interview you 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 or hard of hearing, you can insist on an Auslan interpreter.

You have a right to get a copy of any statement or recorded interview you make to police.

Aboriginal or Torres Strait Islander people

If you are an adult Aboriginal or Torres Strait Islander person, special laws apply for questioning you about indictable offences.

If you are arrested, police must:

  • tell you of your right to communicate with a friend, relative or lawyer
  • notify, or try to notify, a representative of a legal aid organisation to tell them you are in custody
  • give you the opportunity to speak to someone who can help you before questioning starts and be there with you during the interview.

Young people

Generally, if you’re under 18 and being questioned by police about a serious offence, you must have a support person with you.

The support person should be a:

  • parent or guardian
  • lawyer
  • person who is acting for you who works in an agency that deals with the law
  • relative or friend
  • justice of the peace.

Unless a police officer knows you have arranged a lawyer to be present during questioning, or spoken to a lawyer acting for you, they must:

  • inform you a legal aid organisation representative will be notified that you are in custody for an offence
  • as soon as is reasonably possible, and before questioning starts, notify or attempt to notify, a legal aid organisation representative that you are in custody for an offence.

Youth Legal Advice Hotline

Young people can call 1800 527 527 to talk to a lawyer and get free and confidential legal advice about:

  • their legal rights
  • bail
  • diversionary options
  • getting legal representation
  • being charged with an offence
  • applying for legal aid
  • concerns about talking to police
  • other youth justice issues.

The hotline is open:

  • Monday–Thursday, 8am–9pm
  • Friday 8am–Sunday 5pm (except Good Friday, Easter Sunday and Christmas Day).

How to get legal advice

We can’t provide a lawyer to attend a police interview with you.

We give legal advice on most criminal law matters.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

Last updated
Last reviewed
Back to top