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

The Different Kinds of Police Contact

"Police contact" is not one thing. Your rights and options depend on what stage the interaction is at:

• A voluntary conversation — for example, an officer asks a few questions at the scene of an incident or over the phone. You are not obliged to answer beyond providing name and address when lawfully required.
• A request to attend a station — an invitation to come in and be interviewed. Attendance is voluntary unless and until you are arrested.
• Investigative questioning without arrest — you are being questioned but have not been arrested. You may generally leave, subject to the officer's power to arrest if grounds exist and to any other lawful power that can require you to remain temporarily.
• Arrest — you have been told you are under arrest, or your liberty has been restrained. Part III of the Crimes Act 1958 (Vic) applies from that point.
• Custody and formal recorded interview — you have been taken to a police station or other approved place, cautioned, and questioned on the record.

If you are unsure, ask three questions politely and clearly: "Am I under arrest?", "Am I free to leave?" and "What power are you relying on?" Not being under arrest does not always mean you can walk away — police may lawfully require you to remain temporarily under other powers (for example, roadside procedures under the Road Safety Act 1986 (Vic), execution of a search warrant, a move-on direction or protective/ statutory detention). If the encounter is confirmed as voluntary and no other detention power applies, you may decline further questions and leave. Do not obstruct, resist or attempt to escape a lawful direction — objections are raised through a lawyer, not by physical resistance.

The Right to Silence — Correctly Stated

The right to silence is a foundational protection: the prosecution bears the burden of proof, and an accused is not required to assist that process. In Victoria, it is not an absolute right to refuse every question.

You must comply with defined statutory requirements to give identifying information. Section 456AA of the Crimes Act 1958 (Vic) allows a police officer, in specified circumstances, to require a person's name and address where the officer believes on reasonable grounds the person may be able to assist an investigation into an indictable offence that has been, or may have been, committed. The Road Safety Act 1986 (Vic) separately requires a driver, registered operator or effective controller of a vehicle to identify the driver of a vehicle at a particular time. Specific regulators — including ASIC, the ATO and IBAC — also have compulsory examination powers that can override the general right to silence in defined circumstances. Police cannot always demand identifying details; whether a particular obligation applies is fact-specific, and silence does not override a valid statutory requirement.

Outside those defined obligations, you may decline to answer questions about an alleged offence. Under s 89 of the Evidence Act 2008 (Vic), an inference unfavourable to a party generally cannot be drawn from that party's failure or refusal to answer questions put by an investigating official before proceedings. Importantly, Victoria has not adopted the New South Wales "special caution" regime (Part 3 Division 3 of the NSW Evidence Act 1995) that allows adverse inferences from pre-trial silence for serious indictable offences — that scheme has no application in a Victorian prosecution.

"No comment" is not, however, magic wording. It does not prevent police from charging you on other evidence, and it does not shield partial or selective answers from being used. Answering only the easy questions, denying some allegations while declining others, or agreeing with the officer's framing before "clarifying" later, can create serious evidentiary and credibility problems. The safest course before advice is to say nothing about the substance of the allegation, and to say so calmly and consistently.

None of that permits lying, fabricating an account, destroying or tampering with evidence, coaching witnesses, or breaching a lawful direction — each of which can attract separate charges (including for attempting to pervert the course of justice) and will almost always damage a defence.

Cautions and What They Mean

Before official questioning of a person suspected of committing an offence, an investigating official is required to caution the person that they do not have to say or do anything but that anything they say or do may be given in evidence. The caution is a warning; it does not itself create rights or waive them. A person under arrest must also be informed of the offence for which they have been arrested (s 464A(3)).

Rights in Custody: Part III of the Crimes Act 1958 (Vic)

Once a person is in custody, Part III Division 1 Subdivision 30A applies. The most important provisions in practice are:

• Section 464A — reasonable time for questioning. A person in custody may be detained for a period that is reasonable in all the circumstances to permit questioning and lawful investigative procedures. What is "reasonable" is assessed against the factors set out in the section — for example the number, seriousness and complexity of the matters, the need to move the person, the time taken for lawful procedures, rest and refreshment, and the availability of interpreters, lawyers and independent persons. There is no fixed universal maximum and no separate "judicial extension" scheme of the kind that exists in some other jurisdictions. If detention exceeds a reasonable time it may be challenged, and evidence obtained may be exposed to exclusion.
• Section 464C — communication with a friend, relative and a legal practitioner. Before questioning begins, the person must be informed they may communicate (or attempt to communicate) with a friend or relative to tell them where they are, and with a legal practitioner, and must be given reasonable facilities to do so. Questioning must be deferred for a reasonable time to allow that communication. The exceptions are narrow and are stated separately in the section: the friend/ relative right is subject to a limited exception where an officer of or above the rank of sergeant believes on reasonable grounds that communication would result in an accomplice being alerted or evidence being fabricated, concealed or destroyed; the legal-practitioner right is qualified by its own separate provisions and is not subject to the same exceptions in identical terms. The right is to communicate with a lawyer; whether a lawyer physically attends depends on availability and the circumstances.
• Section 464D — interpreters. Where the person does not have sufficient knowledge of English, questioning must be deferred until the services of a competent interpreter are obtained.
• Section 464E — children. A person under 18 in custody must not be questioned or asked to participate in an investigative procedure unless a parent or guardian is present, or — if a parent or guardian is not available — an independent person is present. The child must also be allowed to communicate with that person in private before questioning. Limited statutory exceptions apply. A parent or guardian and an independent person are not both universally required.
• Section 464FA — Aboriginal and Torres Strait Islander people. Where an Aboriginal person or a Torres Strait Islander is in custody, the investigating official must notify the Victorian Aboriginal Legal Service (VALS) as soon as practicable, unless the person has expressly and voluntarily communicated that they do not want VALS notified. Notification is a statutory duty; whether a VALS legal representative or support person actually attends depends on the circumstances.
• Adults with mental impairment or cognitive disability. Section 464E's child-specific framework does not apply to adults. Under Victoria Police procedures, an Independent Third Person (ITP) is arranged where a person in custody may not understand the caution or the general nature of the questioning because of mental impairment or cognitive disability. The ITP scheme is a procedural safeguard supported by evidentiary fairness principles (including the discretions under Part 3.11 of the Evidence Act 2008 (Vic)); it is not the same as the statutory child framework in s 464E.

These are the statutory floors. Police procedures often layer additional steps on top; both apply.

Legal Advice Is Not the Same as a Support Person

Legal advice from a lawyer is confidential and protected by legal professional privilege. Conversations with a support person, an independent person, a family member or a friend are generally not protected — they may be compellable evidence. A support person may be important for wellbeing, and in some cases is legally required, but they are not a substitute for legal representation.

Recording of Interviews and Admissibility

Section 464G of the Crimes Act 1958 (Vic) prohibits admission of evidence of a confession or admission made during official questioning in relation to an indictable offence unless it has been electronically recorded, or (in a limited pathway) the substance of the admission has been electronically recorded and confirmed by the person after being made. Section 464H sets out the narrow exceptions on which a court may nevertheless admit evidence of an unrecorded admission or confession — including where the court is satisfied on the balance of probabilities that the circumstances are exceptional and, having regard to those circumstances, admission of the evidence would be in the interests of justice. Unrecorded admissions are not automatically inadmissible.

Not every interaction with police is required to be audiovisually recorded — casual encounters at the roadside or on a doorstep may not be — but everything said or done can be recorded contemporaneously in an officer's notebook or body-worn camera and later relied on. The practical assumption is that anything you say to police is capable of becoming evidence.

Searches, Devices, Fingerprints and Samples

Police powers to search, seize or take samples are source-specific. Depending on the situation, an officer may rely on a warrant, a statutory power (for example, under the Drugs, Poisons and Controlled Substances Act 1981 (Vic), the Firearms Act 1996 (Vic) or the Control of Weapons Act 1990 (Vic)), or your consent. Consenting on the spot can waive protections you did not know you had.

• Person and vehicle searches. Ask what power is being relied on. Do not physically obstruct a lawful search; raise objections later through a lawyer.
• Fingerprints and photographs. Sections 464K–464P govern when fingerprints may be taken, including from persons in custody suspected of indictable offences and children (subject to additional safeguards).
• Forensic samples. The taking of intimate and non-intimate samples is regulated by Subdivision 30A of the Crimes Act 1958 (Vic), which distinguishes samples given by informed consent from samples authorised by court order.
• Electronic devices and passcodes. A request to unlock a phone or hand over a passcode should not be answered without advice. Some warrants and orders compel assistance; many requests do not. Providing a passcode voluntarily can give police access to material that would otherwise be inaccessible.

Witness, Suspect or Compelled Attendance

The label police attach — "assisting with enquiries", "witness", "person of interest", "suspect" — matters less than the substance of the interaction. Being treated as a witness can shift to being treated as a suspect during the same conversation. If there is any realistic possibility your account could expose you to liability, or that a workplace or internal investigation could refer the matter to police, take legal advice before providing a statement.

Compulsory processes are different. A subpoena, a summons to give evidence, a coronial summons, or a notice under a specific statute (for example, under the Major Crime (Investigative Powers) Act 2004 (Vic) or IBAC's compulsory examination powers) must be complied with. Do not ignore, evade or destroy documents in response to compulsory process — obtain advice about claims for privilege or public interest immunity.

What Happens After Questioning

After questioning, several outcomes are possible:

• Release without charge. Police may decide there is not enough to charge, or that further enquiries are needed. Investigations can continue for weeks or months.
• Charge on summons. A charge sheet is filed and served with a future court date. You are not detained.
• Charge and bail. You are charged, a bail decision is made by police, a bail justice or a magistrate under the Bail Act 1977 (Vic), and conditions may be imposed.
• Remand. In more serious matters, police may oppose bail and you may be held in custody until the next available court.

Brief disclosure — the material the prosecution proposes to rely on — follows the charge decision. The first court date is typically a mention rather than a final hearing, but decisions made at that stage (plea indications, adjournments, bail variations) can shape the entire matter. Any bail undertaking, summons or charge sheet should be read carefully and provided to a lawyer immediately.

A Practical Checklist

Before contact goes further:

• stay calm; be polite;
• ask "Am I under arrest?" and "Am I free to leave?";
• provide only legally required identifying details;
• ask to speak to a lawyer before answering questions or consenting to searches;
• do not discuss the matter with witnesses, complainants or co-accused;
• preserve messages, emails and documents — do not delete anything.

During custody or interview:

• wait for legal advice before participating in a recorded interview;
• ask that a friend or relative be notified of your location under s 464C;
• request an interpreter, independent person or VALS involvement where applicable;
• do not obstruct a lawful search or procedure — reserve objections for later;
• do not sign anything you do not fully understand.

After release:

• note officer names, station, times and what was said while your memory is fresh;
• do not post about the matter on social media or messaging groups;
• provide any summons, bail paperwork or charge sheet to your lawyer;
• confirm any bail conditions, reporting obligations and the first mention date.

How Parke Lawyers Can Help

Our criminal law team advises Victorians on how to respond to police contact — before, during and after any interview — and appears in Magistrates' and higher courts across the state. Advice before an interview is, in most cases, a small fraction of the cost and consequence of dealing with an interview that went badly. We can only assist within the ordinary professional framework: we do not guarantee outcomes, we do not offer 24/7 or out-of-hours urgent telephone advice, and we do not have any special relationship with police, prosecutors or magistrates.

If you have been contacted by police or expect to be, contact our Criminal & Traffic Law team during business hours on 134 134 or submit an enquiry through our online enquiry form.

Related Reading

• The Magistrates' Court: Criminal and Traffic Matters in Victoria
• 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