Police Interviews in NSW

Being asked by police to attend an interview, whether over the phone or at the station, can be a daunting and stressful experience. It’s a situation where what you say—or choose not to say—can have significant and lasting consequences. Understanding your fundamental rights is the first and most critical step in protecting yourself.

This article provides a general overview of police interviews in New South Wales and explains your rights throughout the process.

Your Fundamental right to silence

The most important right you have when dealing with police as a suspect is the right to silence. This means you are not obligated to answer their questions or make a statement.

When police interview a person they suspect has committed an offence, they must first issue a caution. The wording is specific and you should pay close attention to it:

“You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?”

Let’s break this down:

• “You are not obliged to say or do anything…”: This confirms your right to silence. You cannot be penalised for refusing to answer questions in an interview.

• “…unless you wish to do so…”: This highlights that speaking is a choice. It is a choice you should only make after receiving legal advice.

• “…whatever you say or do may be used in evidence.”: This is an important warning. Anything you say is recorded and can be used against you in court by the prosecution. It is not an “off-the-record” chat.

In most situations, the safest option is to exercise your right to silence. Before making any comments to police, you should contact us on our Urgent Enquiries number as soon as possible.

The risks of speaking to Police without legal advice

Police officers are highly trained investigators. Even if you believe you are innocent, speaking to them without legal guidance carries significant risks:

• Self-incrimination: You might accidentally admit to an element of an offence, even if you did not commit the crime itself.

• Misinterpretation: Police may misinterpret your words. What you say out of nervousness or confusion can be presented in a way that makes you appear guilty.

• Locking you into a version: You will be held to the version of events you provide in your first interview. If you later recall a detail differently, this inconsistency can be used to attack your credibility.

• Providing evidence for the prosecution: The primary goal of a police interview is to gather evidence to support a prosecution. By speaking, you may be inadvertently providing them with the exact evidence they need to charge you.

Whether you have been arrested or have been invited to a “voluntary” interview, these risks remain the same.

How we can help

At Ridge Legal, we understand the immense pressure you face when dealing with police. Our role is to protect your rights and ensure you are treated fairly throughout the entire investigation process. The best time to get legal advice is before you speak to the police.

Our expert criminal lawyers can:

• Provide urgent advice: We can advise you of your rights and obligations immediately upon being contacted by police.

• Explain the police case: We can liaise with the police on your behalf to understand the nature of the allegations against you.

• Advise on your options: We will provide clear, strategic advice on whether it is in your best interest to answer questions or to conduct a “no comment” interview.

• Attend the interview with you: In some (but not all) situations, we may suggest attending the interview with you. Having an experienced lawyer by your side can provide support, ensure police act appropriately, and prevent you from being subjected to improper questioning or pressure.

• Manage communications: We can act as your representative, managing all further communication with the police to protect your interests.

If police have contacted you for an interview, do not speak to them until you have spoken to us. Contact Ridge Legal for confidential and expert legal advice.

Disclaimer: The content of this article is intended to provide general information only and does not constitute legal advice. You should seek tailored legal advice for your specific circumstances before taking any action.