Police Want a Statement From You — What Happens Now?

Police have contacted you asking for a statement about a criminal matter. You might feel confused, scared, or unsure what to do next. Here's what you need to know right now: you cannot be forced to give a statement to police. You have the right to remain silent, and anything you say can be used against you in court. Before you speak to police or sign anything, you should contact a criminal lawyer immediately.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer before giving any statement to police, whether you're accused of a crime or just a witness. This isn't about being difficult or uncooperative — it's about protecting your legal rights and your future.

If you're accused of a crime, what you say in a police statement can be the primary evidence used to convict you. We've seen cases where people convicted of serious offences based solely on their police statements, with no other evidence presented. Even innocent explanations can be twisted or misunderstood in court months later.

If you're a witness, giving a statement might seem harmless, but you could accidentally implicate yourself in the crime you're trying to help solve. You might also face charges for making a false statement if police believe any part of your account is untrue, even if you made an honest mistake.

A lawyer changes everything. We review what police want to discuss, advise whether you should speak to them at all, and if you do give a statement, we ensure it's accurate and doesn't harm your position. Police often tell people "just tell us what happened and you can go home" — but that's rarely how it works. Don't face police questioning alone. Call 1300 636 846 before you say anything.

What Happens Next — The Process

Here's exactly what happens when police want a statement from you:

  1. Initial police contact: Police call, visit your home, or ask you to attend the station. They may say it's "just to clear things up" or "routine questions." This is when you should immediately ask for a lawyer.
  2. Legal consultation: Contact Go To Court Lawyers on 1300 636 846. We'll discuss the situation within 24 hours and advise whether you should give a statement, attend voluntarily, or decline to participate.
  3. Police interview (if you proceed): If we advise you to give a statement, we'll either attend with you or provide detailed instructions. The interview is usually recorded. Police will ask you to sign a written version of your statement.
  4. Statement review period: You have the right to read your statement carefully before signing. Take your time. Ask for changes if anything is incorrect or unclear.
  5. Post-statement phase: Always request a copy of your signed statement. Police may use this statement to decide whether to lay charges (if you're a suspect) or as evidence in court proceedings.
  6. Court proceedings (if applicable): Your statement may be read in the Local Court, District Court, or Supreme Court depending on the severity of the alleged offence. Timeline can range from 3 months to 2 years from statement to trial.

Remember: once you sign a police statement, you cannot take it back. The words you use become part of the official court record. Get legal advice first — call 1300 636 846 now.

The Law in Australia

Your rights when dealing with police statements are protected under various state and federal laws, but the details vary significantly depending on where you live.

Right to Silence: Across all Australian states and territories, you cannot be compelled to give a statement to police. Police can only require your name, address, and date of birth if they reasonably suspect you've committed or are about to commit an offence.

NSW — Special Rules Apply: Section 89A of the Evidence Act 1995 (NSW) creates an exception to the right of silence. If you're charged with a serious indictable offence (maximum penalty over 5 years imprisonment), the court can draw adverse inferences if you later rely on facts in your defence that you didn't mention to police when questioned. This makes legal advice even more critical in NSW.

False Statement Penalties: Making a false statement to police carries serious penalties across Australia:

  • NSW: Under section 85 of the Criminal Procedure Act 1986 — maximum 2 years imprisonment
  • Victoria: Under section 53 of the Summary Offences Act 1966 — maximum 1 year imprisonment or 120 penalty units
  • Queensland: Under sections 193-194 of the Criminal Code 1899 — maximum 3 years imprisonment
  • Western Australia: Under section 169 of the Criminal Code Compilation Act 1913 — maximum 3 years imprisonment
  • South Australia: Under sections 242-243 of the Criminal Law Consolidation Act 1935 — maximum 2 years imprisonment
  • Tasmania: Under section 113 of the Criminal Code 1924 — maximum 21 years imprisonment (for false statements in judicial proceedings)
  • ACT: Under sections 336A-337 of the Criminal Code 2002 — maximum 2 years imprisonment
  • Northern Territory: Under section 68A of the Summary Offences Act 1923 — maximum 6 months imprisonment

Arrest Powers: Police cannot force you to attend the station for questioning unless they arrest you. To arrest you, they must reasonably believe you've committed an indictable offence or are about to commit a summary offence.

These laws are complex and the consequences of getting it wrong are severe. Don't navigate this alone — call 1300 636 846 for immediate legal guidance.

Mistakes to Avoid

We've represented thousands of clients in criminal matters, and we see the same costly mistakes repeatedly:

1. Thinking you can "talk your way out of it": Police are trained interrogators. They're not your friends trying to help you avoid charges. We've seen countless clients who thought they were explaining their innocence, only to provide police with the exact evidence needed to charge them. Every word you say is recorded and can be used against you months later in court.

2. Giving a statement while stressed, tired, or under the influence: Police often approach people at their most vulnerable moments — late at night, after traumatic events, or when they've been drinking. Statements given in these conditions are rarely accurate or helpful. We've had clients sign statements they couldn't even remember giving, which later became the foundation of serious criminal charges against them.

3. Not reading the written statement carefully before signing: Police will ask you to sign a typed version of your statement, but this version might not accurately reflect what you said. We've seen police statements that completely change the meaning of what our clients intended to say. Once you sign it, that's your official version of events — you cannot claim it was wrong or taken out of context.

4. Believing police when they say "we just need to eliminate you from our enquiries": This is a common police tactic. There's no such thing as being "eliminated" from enquiries based on giving a statement. In fact, giving a statement often provides police with new leads to investigate you further. If police want to speak to you, they already consider you a suspect or potential witness — act accordingly.

5. Talking to police without understanding what crime is being investigated: Always ask police exactly what offence they're investigating before you say anything. We've had clients give detailed statements about minor matters, only to discover police were actually investigating serious indictable offences. Understanding the scope of the investigation is crucial for protecting your rights.

Don't make these expensive mistakes. Every situation is different, but the need for legal advice is constant. Call 1300 636 846 before you speak to police about anything.

Likely Outcomes

If you're a suspect without a lawyer: You're likely to provide police with evidence they can use against you. Even if you're innocent, your statement may contain inconsistencies, admissions, or information that supports the prosecution case. Timeline: police typically decide on charges within 2-8 weeks of taking your statement. Once charged, court proceedings take 6-18 months for summary offences, 12-24 months for indictable offences.

If you're a suspect with a lawyer: We often advise clients not to participate in police interviews at all. If police have enough evidence to charge you, they'll do so regardless of your statement. If they don't have enough evidence, there's no benefit in providing them with more. When we do recommend giving a statement, it's carefully prepared and reviewed to protect your interests. This approach frequently results in no charges being laid, or significantly reduced charges.

If you're a witness without a lawyer: Your statement becomes part of the court file and will be provided to the accused person and their lawyers. You may be called to give evidence in court, which can be stressful and time-consuming. If there are any inaccuracies in your statement, you could face questioning about why your court evidence differs from your police statement.

If you're a witness with a lawyer: We ensure your statement is accurate, complete, and doesn't inadvertently implicate you in any wrongdoing. We can also advise on whether you should give a statement at all — sometimes it's better to let police investigate through other means, especially if the matter is complex or serious.

Special NSW Considerations: Due to section 89A of the Evidence Act, remaining silent in NSW when charged with serious offences can have consequences. However, this doesn't mean you should automatically give a statement. Our NSW lawyers can navigate these complex rules to protect your position while complying with legal requirements.

False statement prosecutions: Police and prosecutors take false statement charges seriously. If they believe any part of your statement is untrue, you could face additional criminal charges on top of the original matter. We've seen clients receive longer sentences for the false statement than they would have received for the original alleged offence.

The difference between having legal representation and facing police alone is often the difference between charges and no charges, between a criminal conviction and a clean record. Call 1300 636 846 now — every hour matters.

How Go To Court Lawyers Can Help

Go To Court Lawyers has been Australia's largest criminal law firm since 2010, with over 800 lawyers across every state and territory. We've handled thousands of police statement matters, from simple witness statements to complex serious indictable offence investigations.

Immediate Response: When police want a statement, timing is everything. Our 24/7 hotline (1300 636 846) connects you with an experienced criminal lawyer within hours, not days. We understand that police don't work business hours, and neither do we when your freedom is at stake.

Expert Assessment: Our lawyers immediately assess whether you should speak to police at all. We review what police have told you, research the relevant offences, and provide clear advice on your best options. Often, we recommend declining to participate in police interviews entirely — and explain exactly why this protects your interests.

Statement Preparation: When we do recommend giving a statement, we prepare it carefully. We help you understand exactly what questions police will ask, how to answer truthfully without harming your position, and what topics to avoid completely. Our lawyers can attend police interviews with you in most circumstances.

Ongoing Representation: If charges result from the police investigation, you're already our client. We don't hand you off to another lawyer — the criminal lawyer who helped with your statement continues representing you through court proceedings. This continuity ensures nothing falls through the cracks.

Fixed-Fee Initial Consultation: You'll know exactly what our advice costs before you receive it. No surprise bills, no hidden charges. We believe everyone deserves quality legal advice when facing police investigation, regardless of their financial situation.

Proven Track Record: Our clients rate us 4.5 out of 5 stars across 780+ reviews because we get results. We've helped thousands of Australians navigate police statements without compromising their legal position. Our lawyers understand both the law and the practical realities of how police investigations work.

State-Specific Expertise: Criminal law varies significantly between states. Our NSW lawyers understand section 89A implications. Our Victorian lawyers know how the Summary Offences Act applies. Our Queensland lawyers navigate the Criminal Code requirements. You get lawyers who practice in your jurisdiction and understand your local courts.

Don't face police questioning alone. Whether you're innocent, guilty, or somewhere in between, you deserve proper legal representation. Call 1300 636 846 now or book your fixed-fee consultation online. Police statements cannot be undone — but with proper legal advice, they can be avoided entirely or managed to protect your future.

Your criminal record and your freedom are too important to leave to chance. Call 1300 636 846 now.