Police Interview Rights: What to Say and What Not to Say
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Introduction
Being interviewed by the police can be a confronting experience, whether you’re a witness, person of interest, or suspect. Understanding your rights and knowing what to say (and what not to say) during a police interview in Australia is crucial to protecting yourself legally.
Know Your Rights
- Right to silence: You have the right to refuse to answer questions, except for providing your name and address.
- Right to legal representation: You can request to speak with a lawyer before or during questioning.
- Right to an interpreter: If English isn’t your first language, you can request an interpreter.
- Right to reasonable comfort: This includes breaks for meals, rest, and using toilet facilities.
What to Say
1. Basic Identification
Provide your full legal name and current address when asked. This is a legal requirement in most Australian jurisdictions.
2. Request Legal Representation
Say clearly: “I would like to speak with a lawyer before answering any questions.” This statement should be respected by police, who should then provide you with the opportunity to contact a lawyer.
3. If Choosing to Answer Questions
If, after legal advice, you decide to answer questions:
- Speak clearly and factually
- If you don’t remember something, simply state “I don’t recall” rather than guessing
- Ask for clarification if you don’t understand a question
What Not to Say
Can You Still Travel if You Have a Criminal Record?
1. Check the Visa Application Requirements
Before applying for a visa, check whether the country you want to visit has any restrictions regarding criminal convictions. Many visa applications will ask about previous criminal convictions, and honesty is essential when filling out these forms. Failing to disclose relevant information can result in the refusal of your visa application or deportation if you are caught at the border.
2. Apply for a Visa Waiver or Entry Permit
Some countries offer the option of applying for a visa waiver or entry permit if you have a criminal record. For example, the U.S. offers a “waiver of inadmissibility” for certain individuals with criminal convictions, allowing them to enter the country despite their record. The process for applying for a waiver varies depending on the country, but it generally involves providing documentation about your conviction and rehabilitation efforts.
3. Consult an Immigration Lawyer
If you have a criminal record and are unsure about whether you will be able to travel to a specific country, it’s advisable to seek legal advice from an immigration lawyer. A lawyer can provide guidance on the best steps to take and assist with any visa or waiver applications. They can also help you understand your options if you are denied entry or face other travel complications.
4. Consider Expungement or Pardons
In some cases, it may be possible to have a criminal conviction expunged or pardoned in Australia. While this doesn’t automatically remove the conviction from international databases, it can improve your chances of being granted a visa or waiver. Speak to a legal professional to explore whether this option is available to you.
The severity and recency of your criminal conviction will be a key factor in determining whether or not you are allowed to travel. Some specific factors that immigration authorities will consider include:
1. Don’t Volunteer Information
Avoid providing information beyond what is specifically asked. Additional details can sometimes be used against you in unexpected ways.
2. Avoid Making Statements When Emotional
Police interviews can be stressful. Avoid making statements when you’re angry, upset, or fatigued as these can be imprecise or misrepresent your intentions.
3. Don’t Lie
While you have the right to remain silent, deliberately providing false information can constitute an offence.
4. Refuse Informal “Off the Record” Conversations
No conversation with police is truly “off the record.” Anything you say, even in seemingly casual conversation, can be used as evidence.
Understanding Police Interview Recordings
In Australia, police interviews are typically electronically recorded. Before the interview:
- Officers must identify themselves and all others present
- They must inform you that the interview is being recorded
- The recording must capture the entire interview
Special Considerations
For Vulnerable Persons
If you’re under 18, have a cognitive impairment, or mental health condition, you have additional rights, including having a support person present during questioning.
For Aboriginal and Torres Strait Islander People
You have the right to contact the Aboriginal Legal Service for specialised legal assistance.
Conclusion
Knowing your rights during a police interview is essential for protecting your legal interests. The most important things to remember are your right to silence, your right to legal representation, and the importance of remaining calm and factual in your responses. If you’re facing a police interview, seeking legal advice before speaking with the police is always the safest approach. A lawyer can provide guidance specific to your situation and help ensure your rights are protected throughout the process.
Our Criminal lawyers can help you today. Call (02) 8084 9929 to arrange a free initial consultation with a Criminal lawyer.
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