Police interaction
Tips if you are approached by the police
- Don’t panic if the police want to talk to you.
- It is a good idea to give your name and address and be polite; if you are rude and swear they may be able to charge you.
- If you are under 18 years old, it is also in your interest to give the police your date of birth.
- Remember, it is an offence to give a false name and address to the police.
When can you be interviewed or questioned by the police?
You must provide police with your name and address if:
- police suspect that you may be a witness to a crime;
- you are under 18 and police suspect you of carrying or consuming alcohol in public;
- police are giving you a warrant for a fine;
- you are driving a motor vehicle;
- you are involved in an accident;
- police suspect on reasonable grounds that you are involved or likely to have committed an offence.
You should also ask the police why they want the requested information, as well as asking for their name, ID number, the station where they work and their rank.
You do not have to answer police questions, even if the police:
- ask you to go to the police station;
- question you on the spot or arrest you.
If police ask you to go to the police station to answer questions, you don't have to go unless you agree or are arrested. Police should tell you that you don't need to answer their questions. Remember, you have the right to remain silent and the right to legal representation.
- You should always get legal advice before taking part in a police interview or giving a formal statement. Anything you say to the police may be used as evidence against you.
- Once you have given your name and address, if you are under 18 years old (or in QLD under 17 years old), you should tell the police how old you are and that you do not wish to answer any questions until you have spoken to a lawyer and/or have an adult support person present.
- If you are under 16 years old (or 18 years old in NT and 14 years old in QLD), a parent or guardian should be present with you during police questioning. Otherwise a parent or guardian can give permission for another person to be there.
- If you are 16 or 17 years old (or 15 or 16 years old in QLD) and police want to question you, they need your agreement on which independent adult should be present during the interview. The independent adult cannot be a police officer. The independent adult might be a lawyer, family member, youth worker or a friend who is over 18. In South Australia, if you are 16 or 17 years old and the offence being investigated is a minor one, the police do not need to interview you with an adult present.
Thanks to the team at Lawstuff for developing this fact sheet.
Last modified: 12 March 2010
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