Police want to question me

Being asked questions by police can be frightening, even if you have done nothing wrong. This is general information about your rights. It cannot tell you what to say. If you are in danger, call 000.

What this usually means

Police can approach you and ask questions at any time. That might be in the street, at your home, or at a police station. Legal Aid Queensland says your right to remain silent applies whether you have been stopped, have agreed to go to the station, or have been arrested.

Some things are different.

• Name and address. Police can ask for your name and address. In some situations you must give them, and refusing without a reasonable excuse is an offence. Giving a false name can lead to more serious charges.
• Other laws. Some other laws can require you to answer particular questions. Ask a lawyer if you are not sure.
• Searches. Police can search you only with your consent, with a search warrant, or where a law specifically allows it.

The Police Powers and Responsibilities Act 2000 sets out what police can do. Section 397 says its questioning rules do not take away your right to refuse to answer, unless another Act requires an answer.

What you can do now

1. Stay calm and ask why police want to speak to you.
2. Ask who they are. Officers must give their name, rank and station. If they are not in uniform, they must show identification.
3. Give your name and address if asked, because in some situations you must.
4. Ask to speak to a lawyer before answering anything else, if you want to. You can call Legal Aid Queensland, a community legal centre or ATSILS. A lawyer can tell you whether you must answer a particular question.
5. Do not give a false name or someone else's name.
6. If you are injured during an arrest, see a doctor, take photos of any visible injuries, and get legal advice straight away.
7. Write down what happened afterwards: the time, place, names, and what was said.

Time limits

If you are in custody, the Queensland Government says:

• police can hold you for up to 8 hours
• police can question you for up to 4 hours
• police can ask a magistrate to extend custody to 12 hours

These time limits are described briefly. A lawyer can tell you how they apply to your situation, including how time is counted.

If it goes further

If police arrest you, you may be held, interviewed and charged. They may take you to a court for bail. See our guide on being charged.

What you say to police can be used as evidence. Anything you say can be recorded. That is one reason many people speak to a lawyer first. A lawyer can sit with you at an interview.

Different situations

Police at your door or on the street. You can ask why they want to speak to you. You are not required to let police into your home unless they have a warrant or a law specifically allows it. A lawyer can explain the exceptions.

Asked to come to the station. Legal Aid Queensland says your right to remain silent applies if you agree to go to the station. Ask whether you are free to leave. If you are not, you may be in custody, and the time limits above begin to matter.

A recorded interview. Interviews may be recorded. Ask for a copy of any recording. You can ask to speak to a lawyer first, and to have your lawyer with you.

Young people and people who may need extra support. Extra rules can apply to children and to some other people, such as Aboriginal and Torres Strait Islander people. ATSILS and Legal Aid Queensland can explain what applies.

If you are a witness. Police may also ask you about something someone else did. You still have the right to get legal advice first.

Questions to ask whoever helps you

• Do I have to answer this particular question?
• Can I have a lawyer with me during an interview?
• Am I a suspect, or a witness?
• What happens to anything I have already said?
• Is there a free service that can come to the police station?