Police Want to Interview You? Your Rights in Victoria

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 Victoria 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 police want you to go with them to a police station, you can refuse unless they are arresting you or in special circumstances. But refusing is not the end of it. If you do not contact them, police may arrest you at any time.

That is why it is generally better to take advice first and arrange a time after that. 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. There is one exception. You do have to give your name and address when police believe you have committed an offense and in some other situations, such as driving or traveling on public transport. Everything beyond that, you can decline 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. And here is the part people miss most often. Police must let you speak to a lawyer before you are interviewed. You can tell them you want legal advice before you answer any other questions. If the interview is about a serious offense, everything said in it must be recorded. 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 Victoria. If police have asked to interview you, get advice before you go, not after. There is free legal help in Victoria on weekdays, and the number is on the screen now. Our own hotline is free, and it is open twenty four hours.