Your rights
Police want to interview you: your right to silence in NSW
What you must tell police, what you don't have to, and why 'just explaining' is so often a mistake.
If police want to interview you, what you do in the next hour can affect the rest of the case. In NSW you have a right to silence, and it exists to protect you.
What you must provide
You generally must give police your name and address when required, and in some situations (such as driving) provide certain particulars. Beyond that, you are generally not obliged to answer questions or take part in a formal interview about the alleged offence.
The right to silence
You have the right to say nothing more than is required. Politely declining to be interviewed until you have spoken with a lawyer is not an admission of guilt, and in most cases it cannot be used against you at trial.
People frequently believe they can 'clear it up' by explaining. In practice, records of interview far more often help the prosecution than the defence, because you are answering unfamiliar questions, under stress, without knowing the evidence.
Ask to speak to a lawyer first
You can tell police you wish to obtain legal advice before deciding whether to be interviewed. Take that opportunity. A short phone call can prevent an irreversible mistake.
Frequently asked
Will refusing an interview make me look guilty?
No. Exercising your right to silence is your legal entitlement and, in most circumstances, a jury cannot hold it against you. Getting advice first is the sensible, normal thing to do.
The police seem friendly and say it will help, should I talk?
Be cautious. Police are gathering evidence. Nothing obliges you to be interviewed about the allegation before you have advice, and it is usually wiser to wait.
This guide is general information about NSW law and is not legal advice. For advice about your specific situation, contact us.
The earlier we start, the more we can do.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.