The Police Want to Interview Me: What Should I Do?

Being Contacted by Police

Police contact usually takes one of a few forms:

• A phone call from an investigator asking you to attend a station to discuss an allegation, often without saying very much about what the allegation is.
• An attendance at your home or workplace asking you to come and answer questions, sometimes with an offer of a lift.
• A written notice or letter requesting attendance at a particular date and time.
• An arrest — at home, at work, or in public — followed by transport to a police station for an interview.

The first three are voluntary. The fourth is not. The distinction matters because your options — particularly the option simply to leave — depend on whether you are under arrest.

Voluntary Interviews

If you are not under arrest, you do not have to attend an interview. You do not have to go to the station, you do not have to answer the door, and you do not have to answer questions. You can:

• decline to attend;
• attend but decline to participate in an interview;
• attend and exercise your right to silence throughout; or
• attend and answer questions in a controlled way after legal advice.

Politely declining is not an admission of guilt. The standard response — "Thank you, I would like to speak to a lawyer before I decide whether to attend any interview" — is appropriate, lawful and protects your position.

Requests to Attend a Police Station

If you do attend the station, do so on terms you have thought through. Take note of:

• the name, rank and station of the officer dealing with you;
• the topic of the proposed interview, and any specific allegations mentioned;
• whether you have been arrested or remain free to leave;
• whether you are being told you are "assisting with enquiries" or treated as a suspect; and
• whether you have been cautioned (a formal warning that you do not have to say anything but that what you say may be used in evidence).

Rights During an Interview

Whether you are interviewed voluntarily or after arrest, you have important rights:

• The right to be informed of the offence that police are investigating.
• The right to communicate with a lawyer in private before any interview begins.
• The right to have a friend or relative notified of where you are.
• The right to an interpreter if English is not your first language.
• Special protections for children and vulnerable adults, including the right to have an independent third person present.
• The right to silence — the right not to answer questions beyond providing your name and address.

The Right to Silence

The right to silence is one of the most important protections in our system. It exists because the prosecution carries the burden of proving the offence — the accused is not required to assist that process.

In practice, the right to silence means:

• you may say "no comment" to any question (other than your name and address);
• your silence cannot, in most cases, be used to draw an adverse inference at trial; and
• exercising silence is not the same as being uncooperative — it is the lawful, considered exercise of a right.

There are limited exceptions — for example, certain road safety provisions require a driver to identify the driver of a vehicle, and certain commercial regulators have specific compulsory powers. A lawyer can tell you quickly which (if any) of these exceptions apply.

Legal Representation

Before any interview, ask to speak to a lawyer. That conversation is private and is not recorded. A lawyer will:

• find out, where possible, what the allegations and evidence are;
• explain your rights and the realistic risks of participating;
• advise whether to answer questions, decline, or provide a brief prepared statement; and
• if appropriate, arrange to attend the interview or be available by phone.

The lawyer's role in the interview itself is limited — they can advise you, intervene if questioning becomes improper, and take a break to confer — but they do not answer questions for you. Their real value is in the preparation beforehand.

Recording of Interviews

Formal police interviews about indictable offences are generally recorded by audio and video, producing a "record of interview" (ROI). The ROI is admissible in court and is often the single most important piece of evidence in a criminal trial.

Tone of voice, hesitations, body language, contradictions and admissions are all preserved. Even silence is recorded — usually in a way that does not damage the accused, but it underlines that everything that happens in that room is evidence.

Common Mistakes People Make

• Trying to talk their way out. Volunteering an explanation in the hope of avoiding a charge. The explanation almost always supplies evidence that police otherwise lacked.
• Lying or guessing. Even a small inaccuracy — a wrong date, a forgotten name — can later look like a deliberate lie. Silence is far safer than a guess.
• Mixing truth with reassurance. Saying "I would never do that" or "I'm not that kind of person" is not evidence, but it shifts the dynamic and rarely helps.
• Answering the "easy" questions. Background questions are often the opening to harder ones. Once you begin answering, declining later looks evasive.
• Going in alone. Without advice, it is extremely difficult to know which questions are dangerous and which are not.
• Discussing the matter on the phone. Some calls are recorded; some can be used in evidence. Detailed discussion before legal advice is risky.

What Police Are Seeking to Establish

Police interviews are conducted to gather evidence of specific elements of specific offences. Investigators already have a working theory of the case by the time you are invited in. The interview is designed to:

• confirm your identity and your connection to the alleged events;
• place you at relevant locations at relevant times;
• elicit admissions about conduct, intention or knowledge;
• lock in your account so that any later change can be characterised as inconsistency; and
• gather evidence about other people who may also be under investigation.

Understanding this is not a reason to be hostile to police. It is a reason to take the process seriously and not to treat it as an informal conversation.

What Happens After an Interview

After an interview, several things can happen:

• Release pending further investigation. You are allowed to leave while police continue their enquiries. Charges may still follow.
• Charge on summons. You are charged and given a court date — typically weeks or months in the future — and released.
• Charge and bail. You are charged, the charges are formally read, and bail conditions are set by an officer or, in more serious cases, by a bail justice or magistrate.
• Remand. In serious matters, police may oppose bail and you may be held in custody pending a hearing.
• No further action. The matter is not progressed. This is sometimes the outcome, but it is not safe to assume it will be.

Bail, Summonses and Charges

A summons is a document that requires you to attend court on a specified date. Bail is a release on conditions designed to ensure you attend court and do not commit further offences in the meantime. Common bail conditions include reporting to a station, residing at a particular address, surrendering a passport, and non-contact conditions in relation to alleged victims or co-accused.

Both summonses and bail paperwork should be read carefully and provided to your lawyer immediately. The first court date is usually a mention, not a final hearing — but decisions made at that stage can shape the rest of the matter.

Why Obtaining Legal Advice Beforehand Is Important

Police are professional investigators. They are permitted to ask questions in ways that are uncomfortable, persistent and tactically designed. The only way to meet that process on equal footing is with preparation.

A lawyer engaged before the interview can:

• find out what the investigation is about and what evidence police already have;
• identify which (if any) questions can safely be answered;
• prepare you for the experience of being interviewed;
• attend the interview, take notes and intervene if required; and
• put you in the best possible position for whatever follows — whether that is no charge, a diversion application, a plea or a contest.

The cost of an hour of legal advice before an interview is, in almost every case, a small fraction of the cost of dealing with the consequences of an interview that went badly.

Related Reading

• What Is Diversion and Am I Eligible in Victoria?
• Charged with Drink Driving in Victoria: What Happens Next?
• Personal Safety Intervention Orders in Victoria
• Criminal & Traffic Law Services

Frequently Asked Questions