News · Criminal law explainer
Can police question you without a lawyer in NSW?
People often assume that police cannot question them until a lawyer arrives, as they see in overseas television. That is not how it works in New South Wales. Police can ask you questions without a lawyer present. What protects you is not a lawyer at your side but your right to silence and your right to get advice. This note explains what those rights are and how to use them.
By Aaron Kernaghan · Published 3 September 2026
Yes, police can question you without a lawyer present, but you do not have to answer their questions. In NSW you have the right to silence and the right to try to contact a lawyer, and after the caution anything you say can be used in evidence. The safest course is to say you want legal advice and do not wish to answer questions until you have it.
Can police question you without a lawyer?
Yes. There is no rule that police must wait for a lawyer before they ask questions. An adult can be questioned without a lawyer present. What the law gives you is the right not to answer, and the right to try to contact a lawyer before deciding whether to take part in an interview.
So the question is not really whether police can ask, but whether you have to answer. In almost every case, the answer is that you do not.
The right to silence
You have the right to silence. Beyond giving your name and address where required, you do not have to answer questions about an allegation. Before a formal interview police must caution you: that you do not have to say or do anything, but that anything you say or do may be used in evidence.
Exercising the right to silence is not evidence of guilt, and a court cannot treat your silence in a police interview as an admission. Saying nothing is often the wisest thing a person can do.
Your right to contact a lawyer
A person who is under arrest has the right to communicate with a lawyer, and police must generally give a reasonable opportunity to do so before questioning. You can ask to speak to a lawyer, and you can say you will not answer questions until you have.
Even a short phone call with a lawyer before an interview can change the whole course of a matter. It costs nothing to ask, and it is your right.
Why what you say matters so much
A police interview is usually recorded and can be played to a court. Words said in the pressure of the moment, meant to explain or minimise, often do more harm than good. It is very hard to undo something said in a recorded interview.
This is why the standard advice is to be polite, give your identifying details, and say you want legal advice before answering questions. Our note on the recorded police interview explains the point in detail.
What about children and vulnerable people?
There are extra protections. A child or a vulnerable person should have a support person present during questioning, and there are limits on questioning them without one. These rules recognise that young and vulnerable people are especially at risk in an interview.
For anyone, the message is the same: you do not have to answer, and you should get advice first. Our note on your rights in police custody covers the wider protections.
Frequently asked.
Can police interview me without a lawyer in NSW?
Yes. Police can question an adult without a lawyer present. But you do not have to answer, and you have the right to try to contact a lawyer before deciding whether to take part.
Do I have to answer police questions?
No. Beyond your name and address where required, you have the right to silence and do not have to answer questions about an allegation. Silence is not evidence of guilt.
Can I ask to speak to a lawyer first?
Yes. A person under arrest has the right to communicate with a lawyer, and police must generally give a reasonable opportunity to do so before questioning.
Will staying silent make me look guilty?
No. A court cannot treat your silence in a police interview as an admission of guilt. Exercising the right to silence is your right.
What about children being questioned?
A child or vulnerable person should have a support person present during questioning, and there are limits on questioning them without one.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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