Being asked to attend a police interview can be stressful and confusing. This guide explains your rights, including the right to silence, and what you should know before speaking with police.
Few things are more unsettling than receiving a phone call from police asking you to come in for an interview, or finding officers at your door wanting to ask you questions. Whether you’re completely innocent, made a mistake you regret, or have no idea why police want to speak with you, this situation creates immediate anxiety. What should you say? Do you have to go? Can you have a lawyer present? Will staying silent make you look guilty?
These are the questions that race through most people’s minds — and the answers matter enormously. What you say (or don’t say) in a police interview can determine whether you’re charged, what you’re charged with, and whether you’re ultimately convicted. Getting it wrong can have consequences that follow you for years.
This guide explains your legal rights when police want to interview you in Tasmania, what the law requires you to answer, and why seeking legal advice before any interview is almost always the right decision.
Important Disclaimer: This article provides general information about Tasmanian law as at February 2026. It is not legal advice. Every situation is unique, and the application of the law depends on your specific circumstances. You should seek independent legal advice from a qualified lawyer before making any decisions about how to respond to police.
In Tasmania, you have a fundamental legal right to remain silent when questioned by police. This right is protected by section 9 of the Criminal Law (Detention and Interrogation) Act 1995.
This means:
The only exception is that you must provide your name, address, and date of birth when asked by police in certain circumstances (more on this below). Beyond these basic identification details, you have no legal obligation to say anything at all.
The right to silence exists because our legal system places the burden of proof on the prosecution. It is not your job to prove you’re innocent — it is the prosecution’s job to prove you’re guilty beyond reasonable doubt. You cannot be compelled to help them do that.
This principle has been part of our legal system for centuries. It recognises the power imbalance between the state (with all its resources) and the individual, and provides a fundamental protection against self-incrimination.
In Tasmania, no adverse inference can be drawn from your silence. This means that if you exercise your right to remain silent during a police interview, the prosecution cannot later tell a jury that your silence proves you’re guilty or that you had something to hide.
This is different from some other jurisdictions. In England and Wales, for example, courts can draw adverse inferences if a suspect fails to mention something during interview that they later rely on in their defence. Tasmania’s law provides stronger protections — your silence cannot be held against you.
While you have an extensive right to silence, there are limited circumstances where you must provide certain information to police.
Under Tasmanian law, if police have a lawful reason to ask for your details, you must provide your:
Police can ask for these details if they reasonably believe you have committed, are committing, or are about to commit an offence. They can also ask if you may be able to assist in the investigation of an offence.
Failing to provide these details, or providing false details, is itself an offence.
If you’re unsure whether police have a valid reason to ask for your details, you can politely ask why they need them. Police must, if asked, provide you with their name, rank, and police station.
In specific contexts, other laws may require you to provide information. For example:
However, in the context of a standard criminal investigation and interview, your right to silence remains the default position.
Police may seek to question you in several different ways, and your rights vary slightly depending on the situation.
This is when police contact you and ask you to attend the station for an interview. You are not under arrest. The key word here is voluntary — you do not have to agree to attend.
If you do agree to attend a voluntary interview:
Many people feel social pressure to cooperate with a police request, even though they have no legal obligation to do so. This is one reason why seeking legal advice before agreeing to any interview is so valuable.
If you’ve been arrested, police have the power to detain you for questioning. However, your right to silence remains fully intact. Being arrested does not mean you have to answer questions.
When you’re arrested, police must:
Police may approach you in public and ask questions. You must provide your name and address if they have a lawful reason to ask, but you do not have to answer any other questions or accompany them anywhere unless you’re being arrested.
If police ask you to come with them, you can ask: “Am I under arrest?” If the answer is no, you are free to leave (after providing your name and address if required).
Before conducting a formal interview about an alleged offence, police are required to caution you. The caution will be words to the effect of:
“You are not obliged to say or do anything, but anything you say or do may be given in evidence. Do you understand?”
This caution is a legal requirement under the Criminal Law (Detention and Interrogation) Act 1995. Its purpose is to ensure you understand your rights before the interview begins.
If police fail to properly caution you, any evidence obtained in the interview may be excluded by a court. This is considered a serious breach of proper procedure.
The caution is not just a formality — it’s a genuine reminder that you have rights and that exercising those rights is legitimate. Many people hear the caution but don’t truly absorb what it means. It means exactly what it says: you do not have to say anything.
Under section 6 of the Criminal Law (Detention and Interrogation) Act 1995, if you are detained by police, you have the right to communicate with a legal practitioner of your choice. Police must:
You also have the right to have a lawyer present during any interview. If you request a lawyer, police should generally delay the interview until your lawyer arrives or you’ve had the opportunity to obtain legal advice.
If you cannot afford a private lawyer, you can contact:
Even a brief phone call with a lawyer before an interview can make a significant difference. Most lawyers will provide initial advice over the phone, and many offer free initial consultations.
A lawyer can:
Police are trained in interview techniques. They conduct interviews regularly. Most people being interviewed have never experienced it before. A lawyer helps level that playing field.
This is the critical question, and the answer depends entirely on your circumstances. There is no one-size-fits-all answer — which is precisely why legal advice is so important.
You cannot unsay something. Once you’ve made a statement, it’s recorded and can be used against you. If you say something inaccurate, inconsistent, or that can be taken out of context, it may damage your case.
You don’t know what evidence police have. Without knowing what the investigation is about and what evidence exists, you’re operating blind. Something you say innocently could inadvertently connect you to evidence you didn’t know about.
Police interviews are designed to gather evidence. Police are not neutral — their job is to investigate crime and gather evidence for prosecution. The interview is part of that process.
Memory is fallible. Under stress, people misremember details. A small inconsistency between your interview and later evidence can be used to attack your credibility.
You can always provide a statement later. Staying silent now doesn’t prevent you from putting forward your version of events at trial if you choose to do so.
You may have a complete defence. If you have an alibi or evidence that clearly exonerates you, providing this early might result in no charges being laid at all.
Early cooperation may be viewed favourably. While silence cannot be held against you, genuine cooperation and remorse (if you’ve done something wrong) may be taken into account in sentencing.
Some explanations are better given early. Depending on the circumstances, waiting until trial to give your version might seem less credible than providing it when first asked.
The key point is: don’t make this decision alone, under pressure, without advice.
If you do participate in an interview, here’s what typically happens:
All formal police interviews in Tasmania are electronically recorded. This protects both you and police by creating an objective record of what was said.
You’ll be told that the interview is being recorded and asked to confirm that you understand.
Police will ask questions about the alleged offence. These may include:
Questions may be open-ended (“Tell us what happened”) or specific (“Were you at 123 Smith Street at 10pm on Friday?”).
At any point during the interview, you can:
You don’t have to answer every question the same way. You might answer some questions and decline others. However, be aware that selective answering can sometimes be used to suggest you only declined questions where the truthful answer would be incriminating.
At the end of the interview, you may be:
If you’re charged, you’ll be given paperwork explaining the charges and any bail conditions.
If you’re arrested, police can detain you for a “reasonable time” to conduct their investigation. Unlike some other jurisdictions, Tasmania doesn’t specify a fixed number of hours. Instead, section 4(4) of the Criminal Law (Detention and Interrogation) Act 1995 says that what’s “reasonable” depends on factors including:
However, police cannot detain you indefinitely. You must be either released or brought before a court “as soon as practicable.”
If you believe you’re being held unreasonably, your lawyer can make representations to police or, if necessary, apply to a court.
Many people believe that if they just explain themselves, police will see they’ve done nothing wrong and let them go. Sometimes this works. But often, people who are confident they can talk their way out of trouble end up providing evidence that’s used against them.
People worry that staying silent will make them look like they have something to hide. Remember: in Tasmania, your silence cannot be used against you. Exercising a legal right is not evidence of guilt.
Police are often polite and may make you feel like you’re just having a chat. It’s natural to want to be helpful. But remember that a police interview is not a casual conversation — it’s a formal evidence-gathering exercise.
Some people think that because they’ve only done something minor (or nothing at all), there’s nothing to worry about. But minor charges can still result in criminal records, fines, and other consequences. Every interview deserves to be taken seriously.
Many people don’t realise they can request a lawyer, or feel embarrassed to do so. There is no shame in asking for legal advice — it’s your right, and it’s the sensible thing to do.
Stay calm. Being approached by police is stressful, but staying calm helps you think clearly and exercise your rights appropriately.
Be polite but firm. You can decline to answer questions while still being respectful. “I’d prefer not to answer that question” is perfectly acceptable.
Don’t lie. If you choose to answer questions, be truthful. Lying to police can result in additional charges and will damage your credibility if the matter goes to court.
Ask if you’re under arrest. If you’re not under arrest, you generally don’t have to go anywhere or stay anywhere.
Request a lawyer. Before any formal interview, ask to speak with a lawyer. This is your right.
Remember details. Note the names and badge numbers of officers you deal with, the time and location of interactions, and what was said. This may be important later.
Contact a lawyer as soon as possible. Even after an interview, legal advice can help you understand your position and prepare for what comes next.
If police have contacted you about an interview, or if you’ve already been interviewed and are now facing charges, getting proper legal advice is essential. The decisions you make early in the process can significantly affect the outcome.
At Oxley Barristers & Solicitors, we regularly advise clients who are being investigated by police and represent clients in police interviews throughout Tasmania. We can explain your rights, advise whether you should participate in an interview, attend the interview with you if appropriate, and represent you if charges are laid.
If you’ve been contacted by police and want to understand your options, please contact us for a confidential discussion about your situation.
This article is intended as general information only. It is not legal advice. Laws and procedures may change. Always seek advice specific to your circumstances from a qualified legal practitioner.
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