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Police questioning

You do not have to answer police questions:

  • whether they ask you to go to the station, or question you on the spot;
  • whether they arrest you or don't arrest you.

Police must tell you that you don't need to answer their questions. Always get legal advice before answering questions or saying anything to police.

You can ask to make a telephone call.

Call our Legal Aid HotLine (free call) 1800 10 18 10.

If police ask you to go to the police station to answer questions, you don't have to go unless you are arrested.

If you are under 16 a parent or guardian should be present for police questioning. Otherwise a parent or guardian can give permission for another person to be there.

If you are 16 or 17 and police want to question you, an independent adult must be present during police questioning (with your consent).

 

 

REMEMBER:
  • If you are 16 or 17 police need your agreement on who the independent adult should be.
  • Make sure it is someone you trust.
  • If you are uncertain about this, do not agree to that person and ask for someone else.
  • The independent adult cannot be a police officer.
  • The independent adult might be a lawyer, family member, youth worker, or a friend who is over 18.
  • Ask if you can call the HotLine (1800 10 18 10) before the interview.

 

 

 

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 1 February 2000