Police Interviews and Your Rights
If you are about to be questioned by police or asked to attend a Police interview, speak to an experienced criminal lawyer as soon as possible. David Cole has extensive experience helping clients protect their rights during police investigations. Whether you are a suspect, witness, or simply someone the police wish to speak with, what you say—or choose not to say—can significantly impact your legal position.
Contact David Cole on 0407 322 955 to arrange a confidential consultation.
Do I have the right to remain silent?
Yes, under Queensland law you have the right to remain silent. This law applies whether you have been stopped in the street, at home, at a Police station or if you are arrested. In Queensland, Police do not have to advise you of your right to remain silent unless they are charging you with an indictable criminal offence. Indictable offences in Queensland are serious criminal offences such as murder, rape, armed robbery, large-scale fraud and some offences related to drugs.
However, you must still provide Police with certain information when asked. This includes:
- your name, address and date of birth;
- your Driver’s Licence details (if you have committed a Traffic Offence or been involved in an accident);
- Remember, it is an offence not to give Police your correct name and date of birth and may result in further charges if you do so.
No negative conclusion can be drawn from your decision to remain silent. It is not an admission of guilt.
Exercise your Right to Silence and contact an experienced criminal lawyer immediately.
Why should I remain silent?
Anything you say to the Police can be used against you later in Court. There is no such thing as a ‘friendly chat’ or speaking ‘off the record’. You should assume everything you say is being recorded whether it is on the street, in your home, in a phone call or during an interview at the Police Station. You may inadvertently say something that could be misconstrued or taken out of context. It may also confirm Police suspicions of your involvement in a crime simply by acknowledging you know of a particular person or have been at a particular location and therefore lead to a decision to arrest you.
Ideally, you should ask the Police why they wish to talk to you, but remember they don’t have to tell you everything they already know or what evidence they have already obtained. Police are trained to ask open ended questions that you cannot answer ‘Yes’ or ‘No’ to, the answers always require further explanation. In providing such answers, you could be supplying the Police with the missing pieces they need to justify an arrest.
Police interviews are not personal. They are a fact-finding mission to gain evidence for the Prosecution. Remain calm, polite and co-operative but do not divulge or volunteer any information beyond your identification details without first seeking legal advice.
Do the Police need a Search Warrant?
No, Queensland Police do not require a search warrant to search either yourself, your vehicle or your property in a broad range of circumstances. The Police have the authority to apply for a search warrant after the event if they have reasonable cause for concern.
Although, Police may ask your permission to conduct a search, you do not have to consent. However, they can still carry out the search and you must not attempt to prevent the search. Interfering or refusal might result in further charges being laid against you. Remain polite and cooperative but do not assist in the search.
The Police may seize any item believed to be evidence of the commission of an offence.
Exercise your Right to Silence and contact an experienced criminal lawyer immediately.
If you feel a search was unlawful and you don’t believe the Police had any cause to justify the search, you should consult a criminal lawyer.
Queensland Police are allowed by law to search your person without a search warrant if they have reasonable cause to suspect you have in your possession:
- a firearm;
- any item designed, intended, or capable of being used to cause death or injury;
- any item designed, intended, or capable of using to threaten or intimidate;
- any form of explosive material;
- unlawful dangerous drugs;
- stolen, tainted or unlawfully attained property;
- evidence of a wilful damage offence of which evidence may be destroyed.
Queensland Police are allowed by law to search your vehicle without a search warrant if they have reasonable cause to suspect you are using the vehicle unlawfully, for example you have in the vehicle:
- a firearm, weapon or explosive;
- a dangerous drug;
- something that could reasonably assumed to be used for stealing, administration of drugs or housebreaking;
- stolen or unlawful property.
Queensland Police may enter and search your property without a search warrant if they have reasonable cause to suspect that there is at, or about the place, or a person at the place, that will provide evidence:
- that may be hidden or otherwise be destroyed;
- of the commission of a ‘part 2 offence’ which may be concealed or destroyed. This will include, but not limited to, indictable offences, or offences against any of the following Queensland Acts –
- Confiscation Act
- Explosives Act
- Nature and Conservation Act
- Weapons Act
Queensland Police may also enter your property without a search warrant if they need to:
- prevent domestic violence;
- investigate traffic offences (for example take a breath test for alcohol or saliva test for drugs);
- catch someone who has escaped from prison or from being arrested;
- arrest someone;
- reach a crime scene.
Do I have to give an interview?
You may be formally interviewed:
- after being arrested;
- after being formally detained for questioning about an indictable offence.
- Police must advise you at that point of your right to remain silent and that you do not have to answer questions. If you have not already done so, ask to speak to your lawyer.
- voluntarily – ensure you have spoken to your lawyer first if they are not present with you.
If you are charged with an indictable offence, Police must inform you of your right to remain silent and that anything you say may be used as evidence.
No matter the situation, never give an interview until you have obtained proper and independent legal advice.
Exercise your Right to Silence and contact an experienced criminal lawyer immediately.
If you do provide Police with an interview, they must provide you with a free copy of the interview, or of the interview tape, within seven (7) days. If it was a video recording, they have 14 days in which to provide you with a copy. It is important you share this document, or footage, with your criminal lawyer.
Police must accommodate people with specific needs. For example:
- if you have limited English or English is your second language, you are entitled to an interpreter if required;
- if you are hearing impaired you can insist on an Auslan interpreter;
- a parent or independent person must be present when questioning someone under the age of 18 about a serious matter;
- a legal aid organisation must be notified to arrange support for Aboriginal and Torres Strait Islander people where required;
- Police must not question a person under the influence of drugs or alcohol – request to be interviewed at a later time when you are not under the influence of drugs or alcohol;
- a person with impaired capacity must be allowed to speak with a support person and not continue with questioning if the person does not have the legal capacity to be questioned. Police must suspend questioning to organise a support person;
Police must not obtain a confession using threats or promises of any kind.
Police must allow you to contact a support person (a friend or relative) if required, and arrange for them to be with you during your formal interview. A support person is allowed to ask police to clarify questions, and can challenge improper questions or the way a question is asked.
Police must always allow you the right to contact a lawyer and have them present. It is always safer to have a lawyer with you rather than just a support person. Do not speak to your lawyer unless you are alone, remember everything is recorded and ensure Police can’t listen to your conversations with your lawyer.
Do I have to go to a Police Station?
No, not unless you are under arrest. Ask the officer, if you are under arrest. If not, you are free to walk away.
- You must go with police only if you are formally arrested for an offence or formally detained for questioning about an indictable offence.
- You must also go with police for a blood or breath test in relation to a drink or drug driving offence.
If you are informed you need to go to a Police Station to state on record you don’t want to be interviewed, you can refuse but will need to put in writing that you have advised you don’t want to be interviewed.
Do I need a Lawyer?
If you do attend a Police Station you are within your rights to have a friend or relative present. However, chances are they will not be versed in criminal law and most likely just as stressed as you. Either way they are only there to support you, they cannot give you legal advice, and they may be told to leave if they disrupt or interfere in the Police questioning. It would be more advisable to have a lawyer with you in the interview and your friend or relative waiting outside.
For your own piece of mind, it is a good idea to research a reliable criminal lawyer and have their contact details in your phone Directory. That does not presume you will ever need one, but it is like having insurance, one assumes one will never need it, but you have it just in case. Knowing that you have already researched a lawyer and have their contact details on your phone will help alleviate a lot of your stress.
Once you request to speak to a lawyer, Police must allow a reasonable time for them to arrive and should delay questioning you until they do, except in urgent circumstances whereby such delay could endanger public safety or the preservation of evidence.
Police should arrange for your lawyer to speak to you in private. If the facility cannot provide a separate designated area, ensure your conversation cannot be overheard. Remember, assume everything you say is being recorded.
Don’t face a Police interview without the right support. David Cole can help you through the legal process of protecting your rights from the outset.
Contact David Cole on 0407 322 955 to arrange a confidential consultation.