What's happening?
Police contact can happen in different ways — you might be arrested, asked to attend a voluntary interview, or simply contacted by phone or in person asking you to answer some questions. However it happens, what you say can become evidence used later in any proceedings, which makes understanding your rights before you speak an important first step.
Many people feel that refusing to speak to police, or asking to get legal advice first, will make them look guilty. In reality, exercising your rights is a normal and sensible step that anyone can take, regardless of whether they have done anything wrong.
What could it mean for me?
- Anything said in a police interview, formally recorded or otherwise, can potentially be used as evidence later.
- You generally have the right to remain silent beyond providing basic identifying details.
- Being arrested does not automatically mean you will be charged, but it may lead to further questioning or charges.
- How an interview is conducted, including whether your rights were properly explained, can be relevant later in the matter.
- Getting advice before an interview does not delay the process unreasonably and is a normal part of the system.
What are my options?
- Seeking legal advice before agreeing to participate in any interview.
- Attending an interview with a lawyer present, where this is offered or arranged.
- Exercising the right to silence where appropriate to your circumstances.
- Providing a prepared statement rather than answering all questions, in some circumstances.
- Responding to a formal charge once it is laid, with the benefit of advice on the evidence.
What happens next?
- Contact a lawyer as soon as you become aware police wish to speak with you.
- Avoid discussing the matter with police, friends or on social media before getting advice.
- Ask whether attendance at an interview is voluntary or required, and clarify your position.
- If arrested, ask to contact a lawyer and provide only basic identifying information until advised.
- Once charged, obtain a copy of the Court Attendance Notice and seek advice promptly.
How can MGE Lawyers help?
We provide urgent advice to people who have been contacted by police, whether that means preparing you for a voluntary interview, attending with you where possible, or simply explaining your rights before you decide how to respond.
If you have already been charged, we review the basis for the charge, request the evidence police intend to rely on, and set out your options clearly and honestly from that point forward.