The Role of Police Interviews in Queensland: Should You Speak Without a Lawyer?
If you’re invited — or compelled — to attend a police interview in Queensland, it’s crucial to understand what’s really at stake. While you might feel the urge to “clear your name” or explain your side of the story, participating in a police interview without legal advice can dramatically change the course of your matter. Often, the smartest move is to say very little — and call a lawyer.
This article unpacks what police interviews are, why they matter, and most importantly, why speaking without legal representation is rarely in your best interest.
What Is a Police Interview?
A police interview is a formal procedure where officers question a person they suspect has committed a criminal offence. These interviews are usually recorded — either via audio or video — and what you say can later be used as evidence in court. Interviews typically take place at a police station, but they may also occur in your home, a public place, or even over the phone.
Under Queensland law, the moment an officer suspects you of an offence, any conversation you have with them may become part of the case against you. It’s not just what you say — it’s how you say it, what you omit, and how your version of events compares with others.
Police interviews are governed by the Police Powers and Responsibilities Act 2000 (Qld), which outlines your legal rights and the procedural safeguards in place.
The Right to Remain Silent
One of the most important rights you have in Queensland is the right to remain silent. This means you are not required to answer police questions — full stop — apart from a few basic identification details:
- Your name
- Your address
- Your date of birth
Beyond that, you are entirely within your rights to remain silent during questioning. And contrary to what police may imply, your silence cannot be used as evidence of guilt.
This right is enshrined in Section 397 of the Police Powers and Responsibilities Act 2000 (Qld). It exists to protect you — not because you have something to hide, but because people often say things under pressure that they later regret.
Why You Should Never “Just Explain” Without Legal Advice
Many people make the mistake of thinking they can talk their way out of trouble. The reality is very different. Police are trained interrogators. Interviews are not casual conversations — they are tactical and often designed to gather admissions or inconsistencies that can be used against you.
Here are just a few of the risks of participating in an interview without legal representation:
- Self-incrimination: You may accidentally say something that supports the police version of events, even if you’re innocent or unsure.
- Inconsistencies: If your story changes later — even for a good reason — prosecutors may argue you’re being dishonest.
- Misinterpretation: The way you speak, your body language, or emotional responses may be misread or portrayed negatively.
- No context or nuance: Police won’t always understand the bigger picture, especially in matters involving domestic disputes, self-defence, or emotional distress.
Remember: you are not required to prove your innocence in an interview. That’s not how the justice system works.
Are There Times You Must Speak?
While you do have the right to silence in most situations, there are some limited circumstances where you’re legally obligated to answer certain questions. These include:
- Providing identification: Failure to provide your name, address, and date of birth when lawfully asked by police can result in a fine or further charges.
- Traffic-related matters: If you are driving or in control of a vehicle, you may be required to provide the name of the driver or answer questions related to road use.
- Emergency powers: In rare cases (e.g., anti-terror laws or serious crime investigations), police can compel information. In these situations, you still have the right to a lawyer — and you should exercise it immediately.
If you’re ever in doubt about whether you’re legally required to answer a question, ask: “Am I required by law to answer that?” Then call a lawyer.
The Role of a Lawyer in a Police Interview
Having a lawyer present or advising you before an interview can radically change the outcome. Police are far more cautious about their conduct when they know a competent solicitor is watching. More importantly, your lawyer will:
- Explain your rights clearly — and what’s at risk if you speak
- Liaise with the police on your behalf before the interview
- Determine whether you should participate at all — sometimes refusing the interview is the best option
- Sit in on the interview and intervene if the questioning becomes inappropriate
- Make a record of the interaction to ensure nothing is taken out of context later
In many cases, simply having your lawyer advise police that you will not be participating in an interview is enough — no explanation required.
Common Myths About Police Interviews
- “If I don’t talk, I’ll look guilty.”
Police might suggest this, but the law protects your right to silence for a reason. Juries and magistrates are instructed not to draw negative conclusions from silence. - “It’s just a chat.”
It’s never just a chat. Anything you say can become evidence. Police aren’t looking for casual conversation — they’re building a case. - “If I cooperate, they’ll go easy on me.”
While being polite is always a good idea, “cooperation” is not a legal strategy. Giving up your right to silence is not required to show good faith. - “I haven’t done anything wrong, so I have nothing to hide.”
Innocent people have been convicted based on things they said in interviews. This isn’t about guilt — it’s about protecting yourself from misunderstanding or manipulation.
Real-World Example
Consider this: you’re accused of being involved in a minor assault after a night out. You go to the station, thinking if you explain that you were just defending a friend, the police will understand and drop it. But in the interview, you admit to pushing someone. That’s now on tape — and it could be enough to support an assault charge, even if the other person started it.
If you’d had legal advice, your lawyer may have told you not to participate — or to issue a prepared statement instead. That alone could make the difference between charges being laid or not.
Final Thoughts: When in Doubt, Stay Silent and Call Us
Police interviews are high-risk environments. You’re not on equal footing — and the legal system doesn’t forgive mistakes made under pressure. That’s why the safest course of action is often to say nothing and contact a criminal defence lawyer immediately.
At Cridland & Hua, we regularly assist clients across Queensland in navigating police interviews. Whether you’ve been arrested, invited in “for a chat,” or issued a notice to appear, we’re here to provide calm, strategic advice from the start.
We offer emergency legal advice, after-hours support, and immediate representation for interviews. Don’t take chances with your future — contact us before you speak.
This article is for general information only and does not constitute legal advice. For specific legal assistance, contact Cridland & Hua directly.
