A police interview (also known as a record of interview) is a necessary component of a police investigation into an alleged offence or offences. These are generally for indictable offences such as assault or theft.
Often the Police will invite people to the station “for a chat” about what happened. When you hear that phrase, it is important to determine whether the Police want you to make a statement as a witness, or be interviewed as a suspect. Your lawyer can speak with the Police on your behalf first to find this out and then give you legal advice accordingly.
What is the purpose of a police interview?
The purpose of a record of interview is to put the allegations to the accused, and provide them an opportunity to comment or answer relevant questions should they wish. An accused person may wish to admit their involvement in an offence, deny any wrongdoing or exercise their right to silence by answering ‘no comment’.
It is essential to understand that anything you say during a police interview can be used as evidence against you in court. As such, you should always receive expert legal advice prior to answering questions. Cases can be won or lost on the record of interview.
What you need to know during your police interview
- You can speak to a lawyer before the interview starts. You can explain your version of events to them, and they can give you advice having considered what you have said and how the law applies.
- You do not have to answer any questions – you have a right not to incriminate yourself. It is very common that suspects simply answer ‘no comment’ to all the questions put to them, and no guilt can be inferred from answering in this manner.
- Before deciding to provide a version of events during an interview, always assume that the Police know more about what has happened than you expect them to, particularly if they have had plenty of time to investigate a matter.
- Unless there are reasons not to, we will generally advise clients to answer the questions of the Police. It is therefore very important that you explain to your lawyer beforehand everything that happened good or bad. Do not leave out details you think might harm your version of events.
- Interviews with the Police are not the place for jokes and sarcasm. It can demonstrate that someone is not taking the accusations seriously, and do not read well when transcribed.
“Off The Record” conversations
The best rule of thumb is to simply assume that anything you say, at any stage to the police, may be used against you in criminal proceedings.
Whilst there may be legal argument about whether particular things said by an accused outside a record of interview may be relied on in Court by the Police, it is always safer to not say anything.
For example, a conversation with officers in the Police vehicle or foyer of the station may appear innocuous at the time, but be raised later during the interview or notes of the Police members.
What happens during the police interview
The record of interview will usually take place in a dedicated interview room at a Police station. Prior to being interviewed, the Police will state that you are under arrest, and ask you to remove your personal belongings. We usually advise clients it is easier to leave items such as phones or wallets at home for this reason.
After a welfare check by a senior member, two officers will conduct the interview, which is recorded both by video and audio. The interview process may be quick (15 minute) or very long (several hours) depending on the complexity of the questions and depth of answers, if any.
Generally, the Police will invite the suspect to explain their version of events before challenging them with the allegations made by the complainant or complainants and inviting them to comment.
Depending on the circumstances of the alleged offence and accused, the Police may also seek to take a DNA sample and fingerprints after the interview.
What happens after a police interview
Once the interview is concluded, police may do either of the following:
- Release you without charge.
- Release you pending further investigation and potentially summons you to Court in the future.
- Charge you with a notice to appear in court on a future date.
- Charge you, but release you on bail to appear in Court.
- Charge you and keep you under police custody (remanded into custody).
The Police Informant (member running the investigation) may have already formed a view as to which option above they will proceed with before the interview commences. This is another reason you should have a lawyers speak with the Police before anything else.
Being charged and arrested can be an intimidating experience. It is important to remember that you have rights, even when under arrest. You have the right to know why you are being arrested and the right to legal representation. It is best to remain calm and not resist arrest or become abusive, as this could lead to additional charges.
Can the police charge you without interviewing you?
It is possible to be charged without an interview, particularly if the offence is a minor one (summary offence) or the accused may be unfit for an interview (due to mental illness or health concerns).
Why is Legal Representation Important in a Police Interview?
The record of interview can be very important evidence in a criminal matter. Handled properly, it can be very useful, but without sound advice, it can also be extremely damaging to a case.
Getting expert representation beforehand allows for your lawyer to speak to the Police and gain an understanding of the allegations, and then advise how best to answer. They can also explain what to expect in detail, which can make the experience less daunting.
Finally, speaking to a lawyer will give you an unbiased advice on what has happened. For example, you might think that your use of self-defence was reasonable in the circumstances and want to answer questions, when actually that may be to your detriment.
Experience and Knowledge
Often, giving advice about how to answer a record of interview has to be done quickly and with limited time to assess the best option. Experienced lawyers are able to evaluate the circumstances efficiently and provide advice which will leave you in the best position.
Your legal rights
You have the following rights during a record of interview:
- The right to know why you have been arrested and what offence/crime the Police suspect you have committed and will be questioned about.
- The right to contact a lawyer. The police will either make these arrangements for you beforehand or during the interview. Making sure you have reliable lawyers like Anthony Isaacs to represent you gives you the best fighting chance.
- You have a right to contact a friend or relative and let them know where you are.
- You have the right to an interpreter if needed.
- You have the right to medical treatment if required.
- You have a right to privacy from the media.
- If you are a child parent or guardian must also be present.
