Key points
- You do not have to give the police a statement, as a witness or as a suspect. Police can ask, but Legal Aid NSW puts it simply: "It is always your choice."
- The exceptions: police can require your name and address in set situations (in Western Australia and South Australia, your date of birth too), and refusing or giving false details is an offence. In NSW you may be charged if you hold back information about a serious criminal offence. In Victoria you must give police the name of the person who was using your car or motorbike.
- Giving a statement does not by itself mean you must go to court. If the accused pleads not guilty and police need your evidence, they can subpoena you, and ignoring a subpoena without a reasonable excuse can lead to a warrant for your arrest.
- What you say can be used. Victoria Legal Aid says there is no such thing as speaking off the record, and that sometimes the only evidence against a person is what they said to police.
- Read before you sign. You can change a statement before you sign it. Changing it later is risky, and a statement you know is untrue can be prosecuted.
- You need not go to a police station unless you are arrested. If you are, most states give you the right to contact a lawyer before questioning and limit how long police can hold you.
- For a lawyer before you speak to police, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer in your state for a fixed $295.
In every Australian state and the ACT, a person does not have to give the police a statement, whether as a witness or as a suspect, although police can require a name and address in set situations and refusing to give them is an offence.
Checked on 22 October 2026 against the Acts of Victoria, Queensland, Western Australia, South Australia, Tasmania and the ACT, the Judicial Commission of NSW, and the legal aid commissions' own pages. The NSW Acts could not be read directly that day, so the NSW rules are taken from Legal Aid NSW and the Judicial Commission. The Northern Territory's law could not be checked: in the Territory, call the Legal Aid NT Helpline on 1800 019 343, 8am to 4:30pm Monday to Friday.
Can I refuse to give a statement?
- As a witness: yes. "The police cannot force anyone to make a statement" (Victoria Legal Aid). In NSW, Legal Aid NSW adds that you are required "in some circumstances to tell police if you have information that could help them investigate some serious offences", and that you may be charged if you do not.
- As a suspect: yes. "You do not have to make a statement. If you choose to make a statement, the police may charge you on the basis of what you say in it" (Victoria Legal Aid). The Legal Services Commission of South Australia says you also do not have to respond to someone else's statement if it is shown to you.
- The right to silence: apart from the details the law requires, you do not have to answer police questions. Legal Aid ACT says that in an interview you can say "No comment" to every question other than your name, address and date of birth.
- Particular duties: some laws make you answer particular questions. In Victoria, if someone was using your car or motorbike and police ask who, you must tell them.
- Get advice first: "You shouldn't sign anything or agree to participate in an interview until you have spoken to a lawyer" (Legal Aid NSW).
Do I have to go to court if I give a statement?
Not necessarily. Legal Aid NSW explains that if the person charged pleads guilty, there will be no hearing and you may not need to go to court. If they plead not guilty, there will be a hearing and the police may want you as a witness. You can tell the police that you do not want to be a witness, but if they need your evidence they can subpoena you: an order from the court that you must go and give evidence. If you do not go and have no reasonable excuse, the court may issue a warrant for your arrest. There are some grounds for challenging a subpoena, and if you were served too late you may not have to comply, so get advice as soon as you receive one.
In court, NSW law gives a witness a privilege against self-incrimination: you cannot be forced to give evidence that may reveal you have committed a crime, and a court certificate can stop evidence you give from being used against you in other proceedings (Legal Aid NSW).
Your name and address: what police can require, state by state
| State | When police can require your details | What you must give | Maximum penalty for refusing or giving false details |
|---|---|---|---|
| NSW | When police want to give you a fine or a court attendance notice, or a direction to leave a place; when they reasonably suspect you may have information about a serious (indictable) offence because you were at or near where it happened; and when you are driving (Legal Aid NSW) | Name and address | Giving a false name and address is an offence (the penalty could not be read from the Act on 22 October 2026) |
| Victoria | When police believe on reasonable grounds that you have committed or are about to commit an offence, or may be able to help investigate a serious (indictable) offence. They must tell you why (Crimes Act 1958, section 456AA) | Name and address | 5 penalty units ($1,045.50 at the 2026-27 value of $209.10) |
| Queensland | In 16 set situations, including when police find you committing an offence, reasonably suspect you have committed one, or reasonably suspect you can help investigate a serious (indictable) offence because you were near the place around the time it happened (Police Powers and Responsibilities Act 2000, sections 40 and 41) | Correct name and address | 40 penalty units ($6,908 at $172.70 from 1 July 2026) (section 791) |
| Western Australia | When police reasonably suspect that you have committed, are committing or are about to commit an offence, or may be able to help investigate an offence (Criminal Investigation (Identifying People) Act 2002, section 16) | Full name, date of birth, and where you live and usually live | 12 months' imprisonment |
| South Australia | When police have reasonable cause to suspect that you have committed, are committing or are about to commit an offence, or may be able to help investigate an offence (Summary Offences Act 1953, section 74A) | Full name, date of birth, where you live and usually live, and your business address | $1,250 or 3 months' imprisonment |
| Tasmania | When police believe you have committed or are about to commit an offence (Tasmania Legal Aid; Police Offences Act 1935, section 55A) | Name and address | 10 penalty units |
| ACT | When police believe an offence has been or may have been committed, believe on reasonable grounds that you may be able to help, and do not know your name or address. They must tell you why (Crimes Act 1900, section 211) | Name or address, or both. Legal Aid ACT also lists your date of birth and showing ID | $500 |
| Northern Territory | Not checked on 22 October 2026. Call the Legal Aid NT Helpline on 1800 019 343 | ||
If you agree to give a statement
- It can be used against you. Anything you say to a police officer may be used to arrest or charge you, and as evidence in court (Victoria Legal Aid). Legal Aid NSW says this includes information given informally or on the street.
- Read it, and change it before you sign. "You can also change the statement before you sign it." Do not sign unless you agree with everything in it: police can charge you with perjury if you make a statement you know is not true (Victoria Legal Aid).
- Changing it later is risky. Legal Aid NSW warns that you may be charged with making a false statement if you lied in your original statement or want to make substantial changes, and that you should get legal advice before making any statement or giving any evidence that contradicts it.
- Get a copy. In NSW you can ask the police for a copy of your statement. If they refuse, you can apply for its release; accessing your own information under the privacy law is free, and an application under the government information law may have a fee (Legal Aid NSW).
If you are arrested and questioned
You do not have to go to a police station unless you are arrested or in special circumstances (Victoria Legal Aid), and police can only hold you for questioning if they have arrested you (Tasmania Legal Aid). Once you are arrested, you still do not have to answer questions beyond the details the law requires, and refusing to answer cannot be used as evidence that you are guilty (Legal Aid ACT). In Victoria, before questioning, police must tell you that you do not have to say or do anything, but that anything you say or do may be given in evidence.
| State | How long police can hold you for questioning before charging or releasing you | Your right to contact a lawyer |
|---|---|---|
| NSW | 6 hours after arrest, which can be extended by up to 6 hours if a judge or other authorised person approves (Legal Aid NSW) | Under 18: police must make sure you get legal advice before an interview (Legal Aid NSW). The adult rule could not be read from the Act on 22 October 2026 |
| Victoria | A reasonable time, then you must be released or brought before a bail justice or the Magistrates' Court (Crimes Act 1958, section 464A) | Police must tell you that you may contact a lawyer, and delay questioning for a reasonable time so you can (section 464C) |
| Queensland | Up to 8 hours, with questioning for no more than 4 hours of it, unless a magistrate or justice extends it (Police Powers and Responsibilities Act 2000, sections 403 and 405) | You may phone or speak to a lawyer of your choice and have them present; police must delay questioning for a reasonable time, and a delay of more than 2 hours may be unreasonable unless special circumstances exist (section 418) |
| Western Australia | 6 hours from arrest; a senior officer can authorise up to 6 more hours, and a magistrate further periods of up to 8 hours (Criminal Investigation Act 2006, section 140) | A reasonable opportunity to contact a lawyer, which police can refuse only on set grounds such as evidence being concealed (section 138) |
| South Australia | For a suspected serious offence, only as long as is needed to investigate it, and no more than 4 hours, or 8 hours if a magistrate authorises it (Summary Offences Act 1953, section 78) | The right to have a solicitor, relative or friend present during questioning, and to refuse to answer questions (section 79A) |
| Tasmania | A reasonable time for questioning; you must be brought before a magistrate or justice as soon as practicable (Criminal Law (Detention and Interrogation) Act 1995, section 4) | Police must tell you that you may contact a friend or relative and a lawyer before questioning (section 6) |
| ACT | 4 hours (2 hours if you are under 18 or Aboriginal or Torres Strait Islander, according to Legal Aid ACT), which can be extended once by up to 8 hours (Crimes Act 1914 (Cth), sections 23C and 23DA, applied by the ACT Crimes Act) | You may contact a lawyer of your choice and arrange for them to be present; police must delay questioning for a reasonable time (section 23G) |
| Northern Territory | Not checked on 22 October 2026. Call the Legal Aid NT Helpline on 1800 019 343 | |
The NSW special caution
In NSW, staying silent can count against you in one narrow situation. The Judicial Commission of NSW explains that a court can draw an unfavourable inference only where: the offence carries life imprisonment or 5 years or more; police gave a special caution to a suspect who had legal help with it; and the suspect later relies at trial on a fact they did not mention but could reasonably have been expected to mention at the time. It does not apply to anyone under 18, and any inference comes from the fact not mentioned, not from silence itself (Evidence Act 1995 (NSW), section 89A, in force since 1 September 2013).
Young people under 18
| State | The rule |
|---|---|
| NSW | A right to a support person when in custody: a responsible adult independent of the case, who can be a lawyer. From 14 you can choose who to call; under 14, police ask your parents or guardian. Police cannot conduct an interview without the support person present (Legal Aid NSW) |
| Victoria | Police must not question or investigate unless a parent or guardian, or if neither is available an independent person, is present, and you have been allowed to speak with them first, with set exceptions (Crimes Act 1958, section 464E) |
| Queensland | Police must not question a child unless the child has, if practicable, been allowed to speak privately to a support person of their choice, and a support person is present. Police must also notify legal aid unless the child already has a lawyer (Police Powers and Responsibilities Act 2000, section 421) |
| Western Australia | Not checked on 22 October 2026. Call the Legal Aid WA Infoline on 1300 650 579 |
| South Australia | A minor must not be questioned until a nominated adult or another suitable person is present, unless the offence is punishable by less than 2 years' imprisonment and it is not reasonably practicable to get someone there (Summary Offences Act 1953, section 79A) |
| Tasmania | Under 17, police may not formally question you without a parent or guardian, unless you do not want them there; if none is available, police must arrange an independent person (Tasmania Legal Aid) |
| ACT | Police must not question you unless an interview friend is present: a parent, guardian or lawyer, or failing them a relative or friend you accept, an Aboriginal legal service representative or an independent person (Crimes Act 1914 (Cth), section 23K). Legal Aid ACT says that if that person is not available within 2 hours, police must find someone independent, such as a youth worker |
| Northern Territory | Not checked on 22 October 2026. Call the Legal Aid NT Helpline on 1800 019 343 |
Free legal help, and when it answers
Numbers and hours checked against each service's own website on 22 October 2026 (the Northern Territory's against the NT Civil and Administrative Tribunal's page).
| State | Service | Contact | Hours |
|---|---|---|---|
| NSW | LawAccess NSW (Legal Aid NSW) | 1300 888 529 | 9am to 5pm, Monday to Friday |
| NSW, under 18 | Legal Aid NSW Youth Hotline | 1800 10 18 10 | 9am to midnight on weekdays; 24 hours from Friday 9am to Sunday midnight, and on public holidays |
| Victoria | Victoria Legal Aid | 1300 792 387 | 8am to 6pm, Monday to Friday |
| Queensland | Legal Aid Queensland | 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday, excluding public holidays |
| Queensland, young people | Youth Legal Advice Hotline | 1800 527 527 | 8am to 9pm Monday to Thursday; from 8am Friday to 5pm Sunday |
| Western Australia | Legal Aid WA Infoline | 1300 650 579 | 9am to 4pm, Monday to Friday (Western Australian time), except public holidays |
| South Australia | Legal Services Commission Legal Helpline | 1300 366 424 | 9am to 4:30pm on weekdays, excluding public holidays |
| Tasmania | Tasmania Legal Aid Legal Help | 1300 366 611 | 8:45am to 5pm, Monday to Friday |
| ACT | Legal Aid ACT Helpline (legal information, or an appointment) | 1300 654 314 | 8:30am to 7pm Monday to Thursday; 8:30am to 5pm Friday |
| Northern Territory | Legal Aid NT Helpline | 1800 019 343 | 8am to 4:30pm, Monday to Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise whether to give a statement or take part in an interview, what you must tell the police, and what to do about a subpoena, and tells you what any further help, such as attending an interview with you, would cost before you commit. Requests are taken at any hour; how soon a lawyer can see you depends on who is available, so if the police want to speak to you today, also call your state's legal aid line above. Request a $295 consultation.
General information only, not legal advice. Updated 22 October 2026. Checked against the Crimes Act 1958 (Vic, authorised version 323), the Police Powers and Responsibilities Act 2000 (Qld, current at 1 July 2026), the Criminal Investigation Act 2006 and Criminal Investigation (Identifying People) Act 2002 (WA), the Summary Offences Act 1953 (SA, version of 1 July 2026), the Police Offences Act 1935 and Criminal Law (Detention and Interrogation) Act 1995 (Tas), the Crimes Act 1900 (ACT, republication 155) and the Crimes Act 1914 (Cth, compilation 167), the Judicial Commission of NSW's bulletin on section 89A, and the legal aid commissions of NSW, Victoria, Western Australia, South Australia, Tasmania and the ACT, on 22 October 2026. The NSW Acts and the Northern Territory's law could not be read that day.