What Happens If Police Want to Question You in Australia?
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Quick Answer
In NSW, you are not required to answer police questions or attend a police station unless you have been arrested. You must provide your name and address in specific situations, such as being suspected of an offence or witnessing one nearby. Refusing to answer other questions is not an offence and cannot be used as evidence against you.
Are You Required to Attend or Answer Questions?
Police can ask a person to attend a station for an interview without arresting them. Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), attendance is voluntary unless the person has been lawfully arrested for an offence.
A request to “come in for a chat” carries no legal obligation to attend. The right to silence applies whether the questioning happens at a station, on the street, or anywhere else.
When You Must Provide Your Name and Address
The right to silence does not cover identification in every circumstance. LEPRA sets out specific situations where disclosure is required.
Situation | Legal Basis | Penalty for Refusal |
Suspected of committing or about to commit an offence | Section 11, LEPRA | 2 penalty units ($220) under section 12 |
At or near the scene of a suspected indictable offence and may assist the investigation | Section 11, LEPRA | 2 penalty units ($220) under section 12 |
Driver, owner, or passenger of a vehicle suspected of involvement in an indictable offence | Sections 14 to 16, LEPRA | Up to $5,500 fine or 12 months imprisonment |
Given a move-on direction | Part 14, LEPRA | $220 fine |
Suspected of being subject to an AVO | Section 13A, LEPRA | 2 penalty units ($220) |
Giving a false name or address carries the same or a higher penalty than refusing outright.
What Happens If You Refuse to Answer Other Questions
Outside the situations above, a person can decline to answer any police question. Section 89 of the Evidence Act 1995 (NSW) prevents a court from drawing an adverse inference from that silence.
One exception applies to serious indictable offences, those carrying a maximum penalty of 5 years or more. Under section 89A of the Evidence Act 1995 (NSW), inserted in 2013, police can administer a special caution in the presence of a lawyer.
After that caution, a court can draw an unfavourable inference if the person stays silent on a fact later relied on in their defence.
What Happens If You Decline a Voluntary Interview
Declining to attend an interview is not itself an offence. It does not stop the investigation.
If police believe they already have enough evidence to arrest, declining a voluntary interview can lead to arrest at a later time and place instead, including at a person’s home or workplace. Attending voluntarily does not improve a person’s legal position and does not prevent an arrest either.
Rights If You Are Arrested
Different rules apply once a person is formally arrested.
- Police must state the reason for the arrest as soon as practical
- Police must caution the person that they do not have to say anything, and that anything said may be used as evidence
- The person can contact a lawyer, friend, or relative under Part 9 of LEPRA
- Police can detain a person for investigation for up to 6 hours from the time of arrest, extendable by a further 6 hours under a detention warrant, under section 115 of LEPRA
Final Thoughts
Being contacted by police for questioning does not create an obligation to attend or answer questions, except for identifying information in specific circumstances. An arrest changes this position and brings a separate set of rights and time limits. Legal advice before any interview, voluntary or otherwise, affects both what is said and how the matter proceeds from that point.
Frequently Asked Questions
Do I have to go to the police station if asked?
No, unless you have been arrested. A request to attend for an interview or a “chat” is voluntary.
Do I have to answer any questions at all?
Only your name and address, and only in specific situations such as being suspected of an offence or witnessing one nearby. Beyond that, you can decline to answer.
Can my silence be used against me in court?
Generally no, under section 89 of the Evidence Act 1995 (NSW). An exception applies to serious indictable offences after a special caution is given under section 89A.
What happens if I refuse to give my name and address?
It is an offence in the situations where disclosure is legally required, carrying a fine starting at $220 and rising to $5,500 or imprisonment for vehicle-related offences.
Can the police arrest me just for refusing to answer questions?
No. Refusing to answer questions beyond required identification is not an offence. Police can still arrest a person if they have separate grounds to suspect an offence.
What happens if I refuse a voluntary interview?
Nothing legally, but police may choose to arrest the person later if they believe they have sufficient evidence, rather than proceed by voluntary interview.
What are my rights if I am arrested?
Police must state the reason for the arrest, caution the person about the right to silence, and allow contact with a lawyer, friend, or relative. Detention for investigation is limited to 6 hours, extendable by a further 6 hours under a warrant.
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