Police Want to Interview You? Your Rights in the NT

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 the Northern Territory 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 be interviewed. Take advice before you decide. Whether you go or not, you have the right to silence.

You do not have to answer any questions the police ask you. You can say no comment to every question, and staying silent is not, by itself, evidence of guilt. You do have to give police your name and your address. Beyond that, you do not have to tell them anything. You can give your name and address, say you have nothing further to say, and ask for a lawyer. 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. The Northern Territory has an extra protection that matters here.

If English is not your first language or you are an Aboriginal person being questioned, the caution must be explained to you phrase by phrase until it is clear that you understand it. An interpreter should be used where one is needed, and you can have a support person with you. 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 the Northern Territory. If police have asked to interview you, get advice before you go, not after.

There is free legal help in the Northern Territory on weekdays, and the number is on the screen now. Our own hotline is free, and it is open twenty four hours.