Do I have to participate in a police interview?

Not always. The right to silence generally applies to criminal investigations, but there are exceptions and the rules differ across Australia. Obtain advice about your particular circumstances before answering questions.

Can police use what I say against me?

Potentially, yes. Statements made during police questioning can become evidence in subsequent proceedings.

Should I participate if I am innocent?

Innocence does not remove the risks associated with an interview. Whether participating is strategically appropriate should be considered with a criminal lawyer first.

What should I do if police call asking me to attend an interview?

Remain polite, obtain as much information as reasonably possible about why they want to speak with you and seek legal advice before deciding how to respond.

Articles

The Police Interview: Why Trying to “Explain Your Side” Can Make Things Worse
One of the most common things we hear from people contacted by police is: “I haven’t done anything wrong, so I may as well explain what happened.” It sounds logical. If you know you are innocent, or believe the allegations are inaccurate, why wouldn’t you simply tell police your side of the story? The problem…
Read More The Police Interview: Why Trying to “Explain Your Side” Can Make Things Worse
Thinking About Separation? Why Early Family Law Advice Can Make a Big Difference
Speaking with a family lawyer does not mean you are starting a court case. In fact, one of the greatest benefits of obtaining family law advice early is that it can help you make better decisions before a dispute develops. Separation can involve decisions about children, the family home, bank accounts, businesses, superannuation and everyday…
Read More Thinking About Separation? Why Early Family Law Advice Can Make a Big Difference
Can Your Employer Refuse a Flexible Working Arrangement?
Flexible work has become a normal part of Australian working life, but there is still considerable confusion about when an employee can actually request it and whether an employer is required to agree. A request might involve working from home, changing start and finish times, reducing hours or altering the employee’s usual pattern of work….
Read More Can Your Employer Refuse a Flexible Working Arrangement?
Your Business Partner Wants Out – What Happens Next?
Starting a business together usually involves plenty of discussion about growth, customers and where the business might eventually go. What is discussed far less often is what happens when one person decides they want out. A shareholder or business partner leaving does not necessarily mean the business needs to end. However, without a clear process,…
Read More Your Business Partner Wants Out – What Happens Next?
Skills in Demand Visa (Subclass 482): A Pathway to Working in Australia
For skilled workers looking to build their careers in Australia, employer sponsorship can provide an important pathway. One of the key options is the Skills in Demand (SID) visa – Subclass 482. The Subclass 482 visa allows an approved Australian employer to sponsor an appropriately skilled overseas worker where the relevant requirements are met. It…
Read More Skills in Demand Visa (Subclass 482): A Pathway to Working in Australia
Suppression Orders in Australia: Can You Keep Your Name Out of the Media?
Being charged with a criminal offence can create consequences well beyond the courtroom. For professionals, business owners and people in the public eye, one of the first concerns is often: “Can my name be published?” In some circumstances, a court can make a suppression or non-publication order restricting certain information from being published. However, these…
Read More Suppression Orders in Australia: Can You Keep Your Name Out of the Media?
Who Keeps the Family Pet After Separation? Pets and Family Law in Australia
For many separating couples, deciding who keeps the dog, cat or other family pet can be surprisingly difficult. A pet may have been part of the family for years, shared between the parties and closely connected with the children, which means discussions about where it will live can quickly become emotional. It is also an…
Read More Who Keeps the Family Pet After Separation? Pets and Family Law in Australia
Can Your Employer Stop You Working for a Competitor? Restraint Clauses Explained
Leaving a job should theoretically be straightforward: you resign, work your notice period and move on to your next opportunity. For many employees, however, an old employment contract suddenly becomes very important when their employer points to a restraint of trade clause and says they cannot work for a competitor. This can be particularly concerning…
Read More Can Your Employer Stop You Working for a Competitor? Restraint Clauses Explained
The Agreement You Don’t Need — Until You Really Need It
Many commercial disputes begin with the same sentence: “We never thought we needed a formal agreement.” When a business relationship is going well, putting detailed agreements in place can feel unnecessary. Business partners trust each other, suppliers deliver what they promised, customers pay their invoices and everyone understands their respective responsibilities. The problem is that…
Read More The Agreement You Don’t Need — Until You Really Need It
Partner Visas in Australia: What Couples Should Know Before Applying
Moving countries to build a life with your partner is a significant decision, and for many couples the Australian Partner visa pathway forms an important part of that future. Partner visa applications can appear relatively straightforward: demonstrate that you are in a genuine relationship and provide the required documentation. In practice, however, applicants can underestimate…
Read More Partner Visas in Australia: What Couples Should Know Before Applying