Canberra · Your rights
Police interviews and your right to silence in the ACT.
If police want to interview you, the most important decision often comes before a single question is answered. You have a right to silence. Using it is usually the right first step.
- Right to silenceYesYou do not have to answer questions
- Must giveName and addressAnd little else
- Before answeringGet adviceCall a lawyer first
- The line“I want a lawyer”Then stop
You have a right to silence.
In the ACT, as across Australia, you are not obliged to answer police questions about an alleged offence. The general rule is that you must give your name and address when properly required, and in some situations provide limited identifying details, but you do not have to take part in an interview or explain yourself. Choosing not to answer is not evidence of guilt.
Police are trained interviewers and the interview is recorded. What is said, or half-said, becomes evidence, and it is very hard to undo. The safe course is to say nothing about the substance until you have spoken to a lawyer.
What to say instead.
The words that protect you are simple. Say that you do not wish to answer questions and that you want to speak to a lawyer. Then stop. You do not need to justify the decision, argue, or explain. Politeness costs nothing and helps; explanations do not.
Why advice first is the right order.
A lawyer can tell you what the allegation really is, whether there is anything to be gained by answering, and how to answer if there is. That advice cannot be given after the interview. The most damaging material in many briefs is a record of interview given without advice, by someone trying to be helpful. Get the advice first, then decide.
If you have been arrested.
If you are under arrest, you can ask to contact a lawyer, and you should. You can also ask police what the allegation is. You are not required to participate in an interview to be released or bailed. If a caution has been given, take it seriously; it means what you say can be used. The single most useful thing you can do is call a lawyer before answering anything of substance.
Frequently asked.
Do I have to answer police questions in the ACT?
No. You have a right to silence. You generally must give your name and address, and sometimes limited identifying details, but you do not have to take part in an interview or explain the allegation. Choosing not to answer is not evidence of guilt.
What should I say to police?
That you do not wish to answer questions and that you want to speak to a lawyer, then stop. You do not need to argue or explain.
Should I do a police interview to clear things up?
Not before advice. Many of the most damaging things in a brief are interviews given without advice by people trying to help. A lawyer can tell you whether answering helps and how to do it. Get advice first.
Can I ask for a lawyer if I am arrested?
Yes. If you are under arrest you can ask to contact a lawyer, and you should, before answering anything of substance.
Have police asked to interview you?
Before you answer anything of substance, call. The first conversation is confidential and it is with a lawyer.
Request a confidential consult 0421 717 019