Free guide · Investigations and intake
What to do if police want to interview you.
A short guide for accused persons in NSW. The right to silence under section 89 of the Evidence Act 1995 (NSW), the narrow exception in section 89A, the doorstep playbook, and the wallet-card script. Seven pages. Free. No email required.
What is in the guide.
- The default rule. Silence is a right, not a confession. Section 89 of the Evidence Act 1995 (NSW) and what the police caution actually means.
- The recorded interview. Why the instinct to explain your side is the wrong instinct, and why the ERISP is the prosecution's first piece of evidence.
- The narrow exception. Section 89A, the special caution, and the six conditions that have to be satisfied before silence can be used against you.
- Where the right narrows. Identity disclosure under LEPRA, driver-information duties under the road transport legislation, and the conversational trap.
- At the doorstep. A five-step playbook for officers turning up at your home or workplace.
- The summary. A wallet-card length checklist if you forget everything else.
Why we are giving this away.
The decision to talk to police is the single most important decision an accused person makes in the first 48 hours after a charge. It often happens before a lawyer is involved. People agree to interviews because they want to be helpful, because they think a refusal looks bad, or because they are certain their version is so obviously right that nothing they say can hurt them. All three instincts are wrong. The guide explains why, in plain English, with citations to the primary source.
There is no email opt-in and no form. Download the PDF. Print a copy. Keep one in the car, one in the wallet, one on the fridge. If you need to talk to a criminal lawyer before any further conversation with police, our phone number is 0421 717 019 and the line is staffed.
Want the longer version?
The companion article on the website covers the same material at greater length, with the full citations and case authority. Read “If police want to interview you, the right answer is usually no” →
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This guide is general legal information about New South Wales criminal procedure and is not legal advice for any particular case. The Evidence Act 1995 (NSW), LEPRA, and the case law on the right to silence change. For advice on a real matter, contact us through our contact page or phone 0421 717 019.
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