NSW Police Interviews: What You Need to Know

Facing a police interview can be a daunting experience, especially if you’re unfamiliar with your legal rights and obligations. NSW police interviews are governed by strict protocols designed to ensure fairness while protecting your rights as an individual.

This guide explains what you need to know if you’ve been asked to attend a police interview, including your legal rights, what to expect, and the potential implications of your participation.

1. What Is a Police Interview?

A police interview is a formal process where police question a person about an alleged offence. It can occur:

NSW Police Interview
  • Voluntarily: The police invite you to come in for questioning.
  • Following an Arrest: If you’ve been detained, police may interview you as part of their investigation.

Interviews are usually recorded via the Electronic Recording of Interviews with Suspected Persons (ERISP) system. These recordings can later be used as evidence in court.

2. Do You Have to Attend a Police Interview?

In most cases, if police contact you for an interview and you haven’t been arrested, you have the right to decline. NSW law does not generally require individuals to participate in voluntary interviews.

However, there are exceptions. Under Section 11 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police can require you to provide basic identification details such as your name and address if they reasonably suspect your involvement in a crime. Exceptions may also apply under motor traffic law if involved in a traffic offence and associated Police investigation.

For more information, visit the NSW State Library legal resource website, or call Proctor and Associates on 9687 3777.

3. Your Right to Silence

In NSW, individuals have a fundamental right to silence. This means you are not required to answer police questions beyond providing your identity if lawfully requested.

However, Section 89A of the Evidence Act 1995 (NSW) introduced limitations on this right in certain situations. If you later rely on facts in court that you didn’t disclose during the interview, the court may draw negative inferences—particularly in serious indictable offences.

Key Points About the Right to Silence:

  • You can refuse to answer questions without penalty (except for identity details).
  • Your silence cannot generally be used against you unless the offence is serious, and you’ve received a formal caution.
  • If you do decide to answer questions, your responses are recorded and may become crucial evidence.

Tip: If police issue a special caution, you should seek immediate legal advice before proceeding.

4. What Happens During a Police Interview?

If you have decided to participate in a Police interview, it will be conducted according to specific legal standards. Here’s a step-by-step breakdown:

Step 1: Formal Caution

Police must issue a caution before questioning you. This caution usually sounds like:

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

Step 2: Recording the Interview

Interviews are typically audio-visual recorded through ERISP. The recording ensures there’s a clear, unaltered record of the interaction.

Step 3: Questioning

Officers will ask questions relating to the alleged offence. You can refuse to answer or respond with “no comment” if unsure.

Step 4: Interview Conclusion

Once the interview concludes, police may:

  • Release you without charge.
  • Issue a Court Attendance Notice (CAN).
  • Formally charge and release you on bail or hold you in custody for a court appearance.

5. Can You Have a Lawyer Present?

Yes. In NSW, you have the legal right to contact a lawyer and request their presence during a police interview. Police must provide reasonable time for you to contact your lawyer before proceeding, unless there are urgent circumstances (e.g., risk of evidence being lost).

It is strongly recommended that you speak with an experienced criminal defence lawyer such as Proctor and Associates before participating in any interview, whether voluntary or post-arrest.

6. Interviews Involving Vulnerable Individuals

Special provisions apply if the person being interviewed is:

  • Under 18 years old: A parent, guardian, or independent adult must be present.
  • Non-English speaker: An interpreter must be provided.
  • Mentally impaired: A support person is required to safeguard their rights.

7. Potential Risks of Police Interviews

Police interviews can have significant implications, even if you believe you’re innocent. Common risks include:

  • Unintended self-incrimination: Casual remarks can be misinterpreted or taken out of context.
  • Misleading statements: If you later provide different information in court, it may damage your credibility.
  • Psychological pressure: Police are trained to elicit information; interviews can be stressful and intimidating, particularly when you are in an unfriendly environment.

Important: Remember, honesty is critical if you choose to speak—but you are never obliged to answer without legal advice.

8. What Should You Do If Asked to Attend a Police Interview?

  1. Remain Calm: Stay composed and polite, regardless of the circumstances.
  2. Ask for Clarification: Confirm if the interview is voluntary or if you are under arrest.
  3. Exercise Your Rights: If unsure, respond with: “I’d like to speak with my lawyer before answering any questions.”
  4. Request Legal Advice: Contact your criminal defence lawyer before making any statements.

Conclusion: Seek Legal Advice Before a Police Interview

Police interviews can significantly impact a criminal investigation’s outcome. Whether you’re attending voluntarily or following an arrest, understanding your rights and obligations is critical to protecting yourself under NSW law.

Proctor and Associates, an experienced Sydney-based criminal defence law firm, can provide clear advice and support if you’ve been asked to participate in a police interview. Remember – your right to legal representation is fundamental, and exercising it is always a wise decision.

If you need legal advice concerning a NSW Police interview, call us today on 02 9687 3777.

FAQs About Police Interviews

Can the police charge you without interviewing you?

Yes, police can charge you without an interview if they have enough evidence. However, an interview may still be conducted to obtain further information. If you are charged without an interview, you still have the right to remain silent and seek legal advice before making any statements.

What should I say in a police interview?

You are not required to answer police questions except for providing your name, address, and identification in certain situations. It is usually best to say, “I do not wish to answer questions,” until you have legal advice. Anything you say can be used against you in court, so consider seeking a lawyer before speaking.

Can you refuse to talk to the police in NSW?

Yes, you have the right to remain silent under the Evidence Act 1995 (NSW). You only need to provide your name and address in specific situations, such as when driving or if police suspect you of an offence. Apart from that, you can refuse to answer questions without consequences.

What not to say in a police interview?

Avoid guessing, speculating, or providing information you are unsure about. Do not lie, as this can be used against you. Most importantly, avoid making self-incriminating statements. If you are unsure about an answer, say, “I do not wish to answer,” and seek legal advice before speaking.

Can police refuse to take a statement?

Yes, police can refuse to take a statement if they believe it is unnecessary or not relevant to their investigation. However, if you are a victim of a crime, you have the right to report it. If police refuse, you may escalate the issue by seeking legal advice or contacting a higher authority.

Do you have to answer police questions in NSW?

No, you have the right to remain silent. Under Section 89 of the Evidence Act 1995 (NSW), police cannot force you to answer questions unless required by law. The main exceptions include providing your name and address in traffic stops or if suspected of an offence. Always seek legal advice before responding.

Can you decline to be interviewed by the police?

Yes, you have the right to decline an interview. Police interviews are voluntary unless you are under arrest. Even if arrested, you can refuse to answer questions beyond identifying yourself. You should always seek legal advice before agreeing to an interview, as what you say can be used as evidence.

What are common police interview techniques?

Police use various techniques, including open-ended questioning, leading questions, and silence to encourage responses. They may also build rapport to make you feel comfortable speaking. Some officers use tactics to test inconsistencies in your statements. It is best to stay silent or request a lawyer before answering any questions.

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