Jamie Rochester, Senior Marketing Executive, Queensland Law Society
If police ask to speak with you, it can be difficult to know how to respond. You may feel unsure about why you’re being questioned, what information you’re expected to provide, or whether you can refuse to answer.
In Queensland, police have the authority to ask questions in many situations. At the same time, members of the public have important rights. Understanding the difference between what you must do and what you may choose to do can help you make informed decisions and avoid unintended consequences.
This article explains how police questioning works in Queensland, outlines some key rights and responsibilities, and highlights when it may be a good idea to seek legal advice.
Being approached by police
Police can approach you in public places, at your home, or by phone, and ask questions. This might happen if they are investigating an incident, following up information, or gathering details from people who may have knowledge of an event.
Being approached does not necessarily mean you are suspected of an offence. In many cases, police may simply be seeking information.
Even so, you are not required to answer every question police ask, and it’s reasonable to ask why they want to speak with you.
Your right to remain silent
In most situations in Queensland, you have the right to remain silent.
This applies whether:
- police stop you in the street;
- police ask you to attend a station voluntarily; or
- you are under arrest.
Choosing not to answer questions is not an admission of guilt. Silence alone cannot be taken as evidence that you’ve done something wrong.
Because anything you say to police can later be used as evidence, many people choose not to answer questions until they’ve spoken with a solicitor.
When you may have to answer questions
There are some limited circumstances where the law requires you to provide information.
This can include situations where police ask for:
- your name and address, particularly if they reasonably suspect you have committed an offence;
- identifying details in certain drug‑related matters;
- information under traffic and road safety laws; or
- information required under specific legislation, such as liquor or public order laws.
Police should tell you if refusing to answer is an offence. If you’re unsure whether you must respond, it’s sensible to pause and seek legal advice before answering.
Be careful about what you say
Anything you say to police can potentially be used against you later. This includes informal comments, explanations you believe are harmless, or statements made outside a formal interview.
There is no such thing as an “off‑the‑record” conversation with police. Information you provide may influence whether police decide to arrest you, charge you, or take further action.
Because of this, it’s often recommended that people do not answer questions until they’ve spoken with a lawyer who can explain the risks and options.
Going to a police station
Police cannot force you to go to a police station unless you are under arrest.
If police ask you to come to the station, you are entitled to ask whether you are under arrest. If you are not under arrest, you are generally free to decline.
Even if you choose to attend the station voluntarily, your right to remain silent still applies.
Police interviews
You do not have to agree to a police interview.
If police ask to interview you, particularly as a suspect, it’s usually advisable to seek legal advice first. In many cases, police will proceed with charges whether or not an interview takes place.
Before agreeing to an interview, it’s important to know that:
- interviews are usually recorded;
- statements generally cannot be withdrawn later;
- stress or confusion can lead to mistakes; and
- interviews may result in additional or more serious charges.
Police are typically required to give you a reasonable amount of time to contact a lawyer before beginning an interview.
If you agree to be interviewed
If you choose to participate in an interview, you still have important rights.
You may be entitled to:
- speak with a lawyer, friend, or family member beforehand;
- request an interpreter if you don’t feel confident communicating in English;
- ask for the interview to be delayed if you are unwell or affected by alcohol or drugs; and
- receive a copy of any statement or recorded interview.
A solicitor can help you understand these rights and support you before and during the process.
Additional protections for some people
Certain groups have additional safeguards during police questioning.
Young people are generally required to have a support person present when being questioned about serious matters.
Aboriginal and Torres Strait Islander people have specific rights, including notification of legal assistance services in some circumstances.
If these protections apply to you, police should explain them. A solicitor can also help ensure that proper procedures are followed.
When to seek legal advice
It’s a good idea to get legal advice if:
- police want to interview you;
- police ask you to provide a formal statement;
- you believe you may be charged; or
- you are unsure what information you must give.
Legal advice can help you understand your options before you speak, sign anything, or make decisions that may affect you later.
If you need help finding a lawyer, You & The Law offers a Find a Solicitor search tool to help you locate a criminal law solicitor in your region.
