This article provides general information about NSW law, not advice about your matter. Laws and procedures can change. Seek legal advice about your circumstances and check the current official guidance.
An interview is an important legal decision
If police ask you to attend an interview about an allegation, take the request seriously. What you say may become evidence. An informal conversation, written statement or message can also affect your position.
Ask to speak with a lawyer before answering questions about an alleged offence. A lawyer can help you understand whether you must attend, whether you are free to leave and what information you are legally required to provide.
The general right to silence has exceptions
In many situations, you do not have to answer police questions about an alleged offence. This does not mean you can refuse every request. The law may require identification details or information about a vehicle or its driver in particular circumstances.
Special rules can also apply to silence in investigations of certain serious indictable offences. Do not rely on a general article to decide what to say: get advice about the allegation and any caution police give you.
Avoid guessing or trying to explain everything immediately
Stress can make it difficult to remember dates and details accurately. Do not guess, provide false information or assume that a quick explanation will end an investigation. Ask for legal advice before deciding whether an interview is in your interests.
If you have already spoken to police, tell your lawyer exactly what happened, including whether the conversation was recorded and whether you signed anything. Keep documents and messages rather than deleting or altering them.
Information to have ready for a lawyer
A clear account helps your lawyer give advice promptly.
- The police station and officer’s contact details.
- What police have said about the allegation.
- Whether you have been arrested, charged or given bail.
- Any proposed interview time and documents you received.