What to Do If You're Questioned by Police
Police want to speak with you. Maybe they called and asked you to come in. Maybe they knocked on your door. Maybe you have been arrested and you are sitting at a watch-house wondering what happens next. Whatever the situation, what you say — and what you choose not to say — in the next few hours matters more than most people realise. This guide explains your legal rights when dealing with Queensland police.
The Right to Silence
Under Queensland law, you are not required to answer police questions about an alleged offence . The only information you must provide is: Your name Your date of birth Your address Beyond those basic details, silence is your legal right. It is set out in the Police Powers and Responsibilities Act 2000 (Qld) and reinforced by the common law privilege against self-incrimination. Exercising the right to silence cannot be used against you in court. A judge or Magistrate cannot draw an adverse inference from the fact that you declined to answer questions. This is a fundamental protection — not a technicality. The right to silence exists because the criminal justice system requires the prosecution to prove its case. You are under no obligation to help them do it.
The Right to a Lawyer
Before any formal police interview, you have the right to speak with a lawyer. Police must inform you of this right and give you a reasonable opportunity to exercise it. This means: You can call a lawyer before the interview begins You can ask police to wait while you arrange legal advice You can have a lawyer present during the interview — sitting beside you in the room, advising you in real time on which questions to answer and which to decline There is no disadvantage to exercising this right. Police may suggest that getting a lawyer will slow things down, or that things will go more smoothly if you just answer a few questions. That is not legal advice — it is an investigative strategy. The decision to participate in an interview should be made on the advice of Sacha, not on the suggestion of the investigating officer.
What Happens at a Formal Police Interview
A formal police interview — called a record of interview — is an electronically recorded question-and-answer session conducted at a police station. It follows a standard format: The caution. Police inform you that you do not have to say anything, that anything you do say may be used in evidence, and that you have the right to contact a lawyer. Identification. You are asked to confirm your name, date of birth, and address. Questions. The interviewing officer asks questions about the alleged offence. These may start general and become specific. Some questions are open-ended; others are leading. The sequence is designed to build a narrative. Conclusion. You are asked if there is anything else you want to say. The recording is stopped. Everything you say in a record of interview is transcribed and becomes part of the prosecution brief. Magistrates and juries read it. It is almost never excluded from evidence. An answer that seemed reasonable or harmless at the time can look very different when read out in a courtroom months later. Police officers are trained in interview technique. The interview room is not neutral ground — it is a controlled environment designed to produce admissions. Having a lawyer present changes the dynamic.
"Police Just Want to Ask a Few Questions"
This is the most common scenario — and the one where people most often make mistakes. Police call or attend your home and say they want to ask a few questions about an incident. It sounds informal. It feels low-stakes. But what you need to know: You do not have to speak with them at all. You can say: "I don't wish to answer questions without legal advice." That is the end of the conversation. You do not have to go to the station. Unless you have been arrested, you are not obliged to attend the police station. Police may ask you to come in voluntarily — and you can decline. Even informal conversations are evidence. Police record what you say in their notebooks. Those notes become part of the prosecution brief. There is no "off the record" in a police interaction. "Helping police with their enquiries" is not a legal obligation. Police may suggest that cooperating will help your position. That may or may not be true. The decision to cooperate or remain silent should be made after speaking with a lawyer. A five-minute conversation on the doorstep can create more problems than a two-hour formal interview conducted with a lawyer present. If police want to speak with you, call a lawyer first.
If Police Come to Your Home
Police attend people's homes for various reasons — serving court documents, executing search warrants, making arrests, or seeking to speak with someone about an investigation. Your rights depend on why they are there. No warrant If police do not have a warrant, you are not required to let them in. You can speak to them at the door — or not at all. You can ask what the purpose of their attendance is. You can ask them to leave. They must comply unless they have lawful authority to enter. With a search warrant If police have a search warrant, they can enter and search the premises described in the warrant. However: The warrant has a defined scope — police can only search for what the warrant specifies You are entitled to read the warrant and see what it authorises You do not have to answer questions during a search. The warrant authorises the search — not an interview Whether the warrant was validly obtained and properly executed can be challenged later in court With an arrest warrant If police have an arrest warrant, they can enter premises to execute it. You should comply — resisting arrest is a separate offence — but you do not have to answer questions. Ask to call a lawyer immediately. Emergency situations Police can enter premises without a warrant in limited circumstances — to prevent injury, domestic violence, or the destruction of evidence. These powers are defined in the Police Powers and Responsibilities Act 2000 (Qld) and are frequently challenged in court.
Can Police Search You or Your Car?
Police search powers are not unlimited. Whether a search is lawful depends on the legal basis police are relying on. Searching your person Police can search you without a warrant if they reasonably suspect you are carrying something dangerous, stolen property, drugs, or evidence of an offence. They can also search you incident to arrest. But a general "we want to check" is not a lawful basis for a search. Searching your car Police can search your vehicle if they have a reasonable suspicion that it contains drugs, weapons, stolen property, or evidence of an offence. A routine traffic stop does not automatically authorise a vehicle search. However, in practice, the threshold for "reasonable suspicion" is interpreted broadly. Consent Police may ask for your consent to search. You can refuse. If they search without consent and without lawful authority, the admissibility of anything found can be challenged in court. If police are conducting a search and you are unsure whether it is lawful, do not physically resist — but make clear that you do not consent, and note the details. The legality of the search is a matter for Sacha to address later.
If You Have Already Spoken to Police
If you have already participated in a police interview or made statements to police without a lawyer present, those statements are not necessarily the end of the matter. There are several grounds on which statements can be challenged: The caution was not properly given. If police failed to caution you before the interview, the admissibility of your answers may be challenged. The right to a lawyer was not offered. If police did not inform you of your right to contact a lawyer, or did not give you a reasonable opportunity to do so, the interview may be excluded. The interview was oppressive. If the interview was conducted in circumstances that were unfair — prolonged questioning, questioning while significantly intoxicated, deliberate misleading — the statements may be excluded. The context changes the meaning. Answers that appear incriminating in isolation may look quite different when the full transcript is read in context. If you have spoken to police and are now concerned about what was said, get legal advice. The situation may not be as bad as you think — or it may require immediate action. Either way, you need to know.
Frequently Asked Questions
Do I have to answer police questions?
No. You must provide your name, date of birth, and address. Beyond that, you have the right to remain silent. Exercising this right cannot be used against you in court.
Will it look bad if I don't cooperate?
The right to silence is a legal right, not a sign of guilt. Courts cannot draw an adverse inference from a person exercising their right to silence. Whether to cooperate is a strategic decision that should be made with legal advice.
Can I call a lawyer at 2am?
Yes. Sacha takes calls after hours, including weekends and public holidays. If you have been arrested overnight, call immediately — 0425 429 458.
What if police say I don't need a lawyer?
That is not their decision to make. You have a legal right to speak with a lawyer before any interview. Police may suggest that getting a lawyer is unnecessary or will delay things — but the decision is yours, not theirs.
Can police take my phone?
Police can seize your phone incident to arrest or under a search warrant. Accessing the contents of a phone generally requires a warrant. You are not required to provide your passcode unless compelled by a court order.
What if I've already spoken to police without a lawyer?
Call Sacha. What was said may or may not be admissible depending on the circumstances — whether the caution was given, whether the right to a lawyer was offered, and the conditions of the interview. The situation needs to be assessed before any further steps are taken.