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…
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…
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,…
"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…
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…
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…
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…