Quick answer
Police have rung, or left a card, asking you to come in for an interview. Do you have to go? Do you have to answer their questions? This video explains, in plain English, what the law in New South Wales actually says — the right to silence, what you do have to tell police, the caution they must give you, and your right to legal advice before you answer anything.
What this video covers
- Introduction (0:00)
- Police want to interview you (0:03)
- An invitation is not an arrest (0:17)
- Do you have to go? (0:28)
- The right to silence (0:44)
- What you must tell them (1:01)
- The caution police must give you (1:20)
- The special caution — the NSW difference (1:30)
- Police powers are state law (1:55)
- What to do now (2:09)
- Where to get help (2:24)
Transcript
The police have rung or left a card asking you to come in for an interview. Of every question people bring to our hotline, this is the one we hear most. Here is what the law in New South Wales actually says. Start with this. Being asked to come in for an interview is not the same as being under arrest. They are two different situations, and your position is different in each. So do you have to go? If you are not under arrest, you do not have to go to a police station, and you do not have to take part in an interview at all. But police can arrest you if they have grounds.
That is why it is better to take advice first and then decide. Whether you go or not, you have the right to silence. In most cases, you do not have to answer any questions the police ask you, and staying silent is not, by itself, evidence of guilt. In most cases, there is an exception in New South Wales, and it matters. You do have to give police your name and address in certain situations: driving a vehicle, traveling on a train, being near a serious crime scene, or where a move on direction or an apprehended violence order applies to you. Beyond that, you do not have to answer.
Before they question you as a suspect, police must caution you that you do not have to say or do anything, but that anything you say or do may be given in evidence. Now the part that is different here. For serious offenses, police can give what is called a special caution. If they do, a court may later hold it against you if you stayed silent about something you then rely on in your defense. It only applies if you are eighteen or over. The offense is a serious indictable one, and a lawyer is physically in the room with you. Without a lawyer beside you, they cannot give it. One more thing.
Police powers are state law. How long you can be held, when a caution must be given, and the rules for young people all differ around the country. This video is about New South Wales. If police have asked to interview you, get advice before you go, not after. There is free legal help in New South Wales on weekdays, and the number is on the screen now. Our own hotline is free, and it is open twenty four hours.
Important
This video provides general legal information for New South Wales. It is not legal advice and does not take account of your circumstances. Laws and court processes change. For advice about your situation, speak with a qualified lawyer.