Published 2026-02-18 · Updated 2026-02-18 · 6 min read
Many people first encounter the criminal justice system when police ask them to attend an interview or answer questions, whether at a police station, over the phone, or on the doorstep. It is a stressful moment, and the choices you make in those early minutes can shape how the rest of the matter unfolds. Understanding, in general terms, what your rights are and how the process usually works can help you approach the situation with a clearer head.
You generally have the right to remain silent
In New South Wales, a person is generally entitled to decline to answer questions beyond confirming basic identifying details in certain circumstances. Exercising this right is not an admission of guilt — it is a long-standing legal protection designed to ensure that people are not pressured into making statements without proper advice. Police interviews are typically recorded, and anything said can potentially be used later in proceedings, so it is worth being deliberate about what, if anything, you say.
Ask whether you are free to leave
If you are approached by police, it is reasonable to politely ask whether you are under arrest or free to leave. This helps clarify your situation and whether you are legally obliged to remain. If you are not under arrest, you are generally not required to accompany police or continue the conversation.
Get legal advice before the interview, not after
One of the most common mistakes people make is agreeing to be interviewed before they have had the chance to speak with a solicitor. A short phone call to a criminal lawyer before an interview can make a significant difference — it allows you to understand, at a general level, what to expect, what your options are, and whether it may be appropriate to participate, decline, or provide a limited response.
- Stay calm and polite — how you conduct yourself does not need to compromise your legal position.
- Ask police to clarify your status (arrested, detained, or free to leave).
- Request the opportunity to contact a solicitor before answering substantive questions.
- Avoid guessing or speculating if you do not clearly recall events.
- Keep a note of the date, time, and officers involved as soon as practicable afterwards.
What happens after an interview
Depending on the circumstances, police may release you, issue a court attendance notice, or in some cases proceed to a formal charge. Each pathway carries different timeframes and next steps. Because every situation is different, general information like this cannot substitute for advice tailored to your circumstances.
If you have been contacted by police or asked to attend an interview, seeking timely legal advice can help you understand your options and approach the process with more confidence.