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It's important to note that anything you say to a Police officer may be recorded and used as evidence against you at a later date.  On the other hand, your refusal to participate in an interview CANNOT be used against you at a later date. In Queensland, you have the right to silence. 

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The Police may ask if you wish to participate in a formal police interview. It is your right to accept or decline. Police will give you the opportunity to speak to a lawyer prior to being interviewed. The police will also ask if you wish to have a support person present such as a friend or family member. You can ask a friend or family member can contact us on your behalf. DO NOT agree to an interview until you have spoken with us. This is a crucial decision.

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Generally, you have the following rights:

You have the right to ask for legal advice and you can ask friends/family to contact us on your behalf.

 

If you are contacted by the police investigating a criminal matter, you should always ask to speak to a criminal lawyer.

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Engaging a lawyer at an early stage can be the difference between winning and losing a case. Your lawyer will liaise with police, obtain information about your case and give you advice on whether or not you should participate in an interview or provide a statement. 

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If you have been arrested, we are able to meet you at the watch house where you are being held and we can assist with bail requirements where applicable. If you are at home and have been served with a search warrant, we can come to your home to assist you.

 

Whilst you have the right to silence, you must provide your full name and address to the police if requested. 

 

It is important to remember that police wear body cameras so just assume that every time you interact with police, either on the phone or in person, you are being recorded. 

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A cornerstone of our criminal justice system is the presumption of innocence. The onus is on the police to gather sufficient evidence against you to charge you with an offence.  The prosecution must then prove the case against you beyond a reasonable doubt.

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