Do I have to answer police questions in Queensland?
No, not as a general rule. You have a right to silence, and other than confirming your name and address in specific circumstances (for example, if police reasonably suspect you’ve committed an offence, or you’re a driver, or a witness to certain serious offences), you are not legally required to answer any other questions or explain yourself to police. This applies whether you’re stopped in the street, asked to “come in for a chat”, or formally arrested.
There’s an important difference between police wanting to speak with you informally and a formal interview about a suspected indictable offence. If police tell you that you’re free to leave, you generally are, and you can simply decline to answer further questions and leave. If you’re not free to leave, ask directly: “Am I under arrest, or am I free to go?”
Can police make me come to the station for an interview?
Not unless you’ve been arrested, or you agree to attend voluntarily. If you haven’t been arrested, attending an interview is your choice, and you can change your mind and leave at any point unless police then arrest you. Many people attend voluntarily because they think refusing looks suspicious; it’s still worth getting legal advice about the specific request before you decide, particularly if the offence under investigation is serious.
Can I ask for a lawyer before or during a police interview?
Yes. Under s 418 of the Police Powers and Responsibilities Act 2000 (Qld), if you’re being questioned about a suspected indictable offence, police must tell you that you may telephone or speak with a lawyer, and give you a reasonable opportunity to do so before questioning starts. Under s 419, a lawyer (or a friend or relative) is generally entitled to be present while you’re being questioned, and to give you advice during the interview, provided that doesn’t unreasonably delay things.
Ask to speak to a lawyer before you say anything substantive, even if you intend to answer questions. A short delay to get advice is not an admission of guilt, and it’s the single most useful thing you can do to protect yourself at this stage.
What is a police caution, and when do I get one?
Before formally questioning you about an indictable offence, police must caution you under s 431 of the PPR Act: they must tell you that you do not have to say or do anything, but that anything you do say or do may be used in evidence. The officer has to be satisfied you actually understood the caution, not just that they recited it, and it must be given in a language you can reasonably communicate in. If police don’t caution you properly, your lawyer can challenge whether anything you said in the interview is admissible.
Can my silence be used against me in court?
Generally, no. Unlike New South Wales, which allows adverse inferences to be drawn from a suspect’s silence in some serious cases where a “special caution” was given with a lawyer present, Queensland has not adopted an equivalent regime. If you exercise your right to silence during a police interview here, the prosecution cannot ask a jury to treat that silence as evidence of guilt. This is a general position, not an answer for every situation (some specific statutory schemes require particular information to be given, such as a driver’s obligation to identify who was driving), so if you’re unsure whether a specific question is one you must answer, that’s exactly the kind of thing to get advice on before you answer it.
Do police have to record the interview?
Yes, if it’s practicable. Under s 436 of the PPR Act, questioning about an indictable offence must be electronically recorded where that’s practicable, and if you make an admission or confession, it’s only admissible against you in court if it was recorded that way (or, where recording genuinely wasn’t practicable, recorded in writing under s 437). A court retains a discretion under s 439 to admit an interview despite some non-compliance if it’s satisfied that’s in the interests of justice in the special circumstances of the case, but the recording requirement is still an important protection, and a properly conducted defence will scrutinise whether it was followed.
How long can police detain me for questioning?
If you’ve been arrested for an indictable offence, police can detain you for a “reasonable time” to investigate or question you, capped at 8 hours under s 403 of the PPR Act, of which no more than 4 hours can actually be spent questioning you; the rest is “time out” for things like contacting a lawyer or waiting for one to arrive. Section 404 sets out what counts as reasonable, including the seriousness and complexity of the offence, your age and capacity, and whether you’ve indicated a willingness to answer questions. Police can apply to a magistrate to extend the detention period beyond 8 hours, and you (or your lawyer) are entitled to make submissions opposing that extension before it’s decided.
What if I’m Aboriginal or Torres Strait Islander, a child, or have impaired capacity?
The PPR Act builds in extra safeguards for people who may be more vulnerable in a police interview. Police generally must not question an Aboriginal or Torres Strait Islander person about an indictable offence unless a support person is present (that right can be waived), and similar support-person requirements apply to children and people with impaired capacity or who are intoxicated. If any of these apply to you or someone you’re helping, tell the lawyer you contact straight away, because these requirements can be decisive if the interview is later challenged.
What should you actually do if police want to interview you?
Stay calm and polite, but you don’t have to help police build a case against you on the spot. A practical approach: confirm whether you’re under arrest or free to leave; give your name and address if lawfully required to; say you want to speak to a lawyer before answering any questions; and then stop talking about the substance of the allegation until you have. This applies whether the investigation concerns something as common as an assault or drug offence, or something more serious, including sexual offence or CEM allegations, where getting advice before you say anything matters most.
If police want to interview you, or already have, contact us for confidential advice, available 24/7 for urgent matters.
This article is general legal information, not advice about your situation.
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