A Police Interview Sydney is one of the most critical moments in any criminal case. The police are trained investigators. Their goal in an interview is often to gather evidence to charge you, not to exonerate you.
At Best Sydney Criminal Lawyers, we advise clients daily on how to handle police questioning. The most important rule? Do not do it alone.
What Are Your Rights During Police Questioning?
The Power of Silence
In New South Wales, you have a fundamental common law right to remain silent. You are not legally obliged to answer any questions other than providing your name and address. Exercising this right cannot be used as evidence of guilt (with one specific exception regarding the “special caution”).
Legal Representation
You have the right to speak to a lawyer before the interview begins. We can attend the station or provide advice over the phone. Having a criminal defence solicitor present prevents police from using pressure tactics and ensures the interview is conducted fairly.
The Hidden Dangers of Police Interviews
Many people believe they can “talk their way out” of a situation. This is a dangerous myth.
The Risk of Self-Incrimination
Even innocent comments can be twisted. If you make a mistake in your timeline or leave out a detail, the police can use this inconsistency to attack your credibility later in court. Once it is recorded on video (ERISP), it is very hard to take back.
The “Special Caution” (Section 89A)
For serious indictable offences (punishable by 5 years or more), police may give a special caution. It sounds like this:
“You are not obliged to say or do anything unless you wish to do so. But it may harm your defence if you do not mention when questioned something which you later rely on in court…”
This law allows a jury to draw an “unfavourable inference” from your silence. However, this only applies if your lawyer is physically present at the station. This makes choosing the right lawyer critical.
How to Exercise Your Right to Remain Silent
What to Say
If police ask you to participate in an interview, be polite but firm. You can say:
“I decline to be interviewed. I wish to exercise my right to silence. I want to speak to my lawyer.”
Do Not engage in “Chat”
Police often try to engage in casual conversation in the police car or holding cell. These conversations are often recorded or noted in the officer’s notebook. Say nothing about the allegations until your lawyer arrives.
Contact Us Immediately
Firms like Best Sydney Criminal Lawyers and our partners at Jameson Law are available 24/7. We can contact the Custody Manager at the police station to ensure your rights are protected.
Final Thoughts
Your right to silence is a shield, not a sword. Using it does not make you look guilty; it makes you smart. Police gather evidence to build a case against you—do not help them do it.
If you have been asked to attend a police station for an interview, call Best Sydney Criminal Lawyers first. We will guide you through the process and ensure your defence starts immediately.
