Police Interviews & Your Right to Silence in Queensland

Criminal Defence Lawyers Brisbane & QLD

If police ask you to participate in a police interview in Queensland, it is important to understand that you are under no obligation to answer questions.

Anything you say in a police interview can be recorded and used as evidence in court.

At Robinson Law, we regularly advise clients before and after police interviews to protect their legal position.

Do I have to do a police interview?

No. In Queensland, you have a legal right to silence.

This means you can lawfully:

  • refuse to participate in an interview

  • decline to answer questions

  • request legal advice before speaking to police

Police cannot punish you for exercising this right.

What is a police electronic record of interview?

A police electronic record of interview (EROI) is a recorded conversation between you and police, usually conducted at a station.

It may involve questions about:

  • alleged offences

  • your whereabouts

  • other people involved

  • your knowledge of events

These interviews are recorded and can be used as evidence in court.

Should you speak to police?

In most cases, speaking to police without legal advice is risky.

Even if you believe you are innocent:

  • your answers can be misinterpreted

  • stress can affect how you respond

  • partial information can be used against you

  • police do not have to suggest defences to you

Police interviews are designed as an investigative tool, not a protection for your interests.

Can silence be used against you?

No. Exercising your right to silence cannot be used as evidence of guilt.

However, anything you do say:

  • can be recorded

  • can be taken out of context

  • can be used to support charges

This is why legal advice is strongly recommended before any interview.

What should you do if police ask for an interview?

If police request an interview, you should:

  • remain calm

  • politely decline to answer questions

  • request a lawyer immediately

  • avoid discussing the allegations

  • not guess or speculate

You can also have your lawyer communicate with police on your behalf.

Why police interviews are important in criminal cases

Police interviews are commonly used in:

  • drug offences

  • assault and violent offences

  • sexual offence allegations

  • fraud and dishonesty charges

  • domestic violence matters

What is said (or not said) can significantly impact the prosecution case.

Early legal advice matters

Getting legal advice before speaking to police can:

  • prevent self-incrimination

  • identify defences early

  • manage police expectations

  • protect your bail position

  • reduce charge severity in some cases

Speak with a criminal defence lawyer

📞 1300 544 444
Available 24/7
belinda@robinsonlaw.au

police interviews in queensland - faq

  • No. In most cases, you are not legally required to participate in a police interview. You can choose to exercise your right to silence, which means you do not answer questions or provide a recorded statement.

  • A police electronic record of interview is a formal, recorded questioning session where police ask questions about an alleged offence. The interview is recorded and may later be used as evidence in court.

  • Even if you are innocent, it is generally advisable to obtain legal advice before participating in an interview. Anything you say can be misinterpreted or used out of context, even unintentionally.

  • No. Exercising your right to silence cannot be used as evidence of guilt. You are legally entitled to refuse to answer police questions.

  • You can politely state that you will not be participating in an interview and that you are exercising your right to silence. You are not required to provide an explanation.

  • You can request legal advice before or during questioning. In many cases, your lawyer will advise you not to participate in an interview at all, depending on the circumstances.

  • If you refuse an interview, police may still proceed with their investigation using other evidence. They cannot punish you for refusing to answer questions.

  • Police conduct interviews to gather evidence and establish whether there is enough information to charge you. The interview is primarily for the investigation, not your benefit.

  • Yes. Police do not need an interview to lay charges. Charges can be based on statements, evidence, witnesses, or other investigative material.

  • You should:

    • remain calm

    • avoid answering questions

    • request legal advice immediately

    • contact a criminal defence lawyer before attending

  • Yes. Anything you say during a recorded interview can be used as evidence against you in court, including statements that may seem minor or informal.

  • In many cases, yes. Exercising your right to silence helps ensure you do not accidentally provide information that could be misinterpreted or used against you.

  • Yes. Getting early legal advice is critical. A lawyer can assess the situation and advise whether participating in an interview is in your best interests.

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belinda@robinsonlaw.au

1300 544 444