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Harlowe VaneCriminal Defence

Your rights

The police interview

A police interview is evidence, not a conversation. Here is what you need to know before you say a word.

In Queensland you have the right to silence for the allegation itself. A record of interview is recorded and can be played to a court — and even an innocent, nervous account can be used against you. That is why the safest step is almost always to get advice first.

You must give police your name, address and date of birth when lawfully required. Beyond that, you are generally not obliged to answer questions about the offence, and declining to be interviewed cannot be treated as proof of guilt.

Your rights in an interview

  • The right to silence for the allegation
  • The right to speak to a lawyer before and during questioning
  • The right to an interpreter if you need one
  • The right to a support person if you are a child or vulnerable
  • The right not to hand over your phone or passcode without a proper order

What to do

1

Stay calm and polite

You can be cooperative about your identity while declining to discuss the allegation.

2

Say you want legal advice first

This is your right and it stops the interview until you have spoken to us.

3

Call our 24/7 line

We will tell you whether to participate, and on what basis, before anything is recorded.

Speak to a criminal lawyer today

Charged with something? Don't face it alone.

Your first consultation is free and confidential. Call any hour, or send us the details and we'll come straight back to you.

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