Police Interviews: Your Rights

Written by Justin Chua, Principal Solicitor, Chua Tan Associates. Last reviewed 5 October 2026. General information about Victorian law, not legal advice.

If police want to interview you, you are entitled to get legal advice first. What you say in an interview can be used as evidence, and it is very hard to undo.

What police must tell you

Before questioning someone in custody about an offence, police must caution them that they do not have to say or do anything, but that anything they say or do may be given in evidence. They must also tell you that you may communicate with a friend or relative and a lawyer.

Your key rights

• The right to silence. In most cases you do not have to answer questions. You may answer “no comment”.
• The right to contact a lawyer before the interview, and to have that conversation in private.
• The right to an interpreter if you cannot speak English well enough to understand the questions and answer them.
• Young people have the right to have a parent, guardian or independent person present.

What you may be required to give

Police can require you to give your name and address in certain circumstances, and you may be required to comply with lawful directions such as fingerprinting or a breath test. Refusing those can itself be an offence. If you are unsure, ask to speak with a lawyer.

Should I give a “no comment” interview?

Often, yes, at least until you have seen the evidence. Sometimes giving an account helps, for example where there is a clear defence. That is a decision to make with advice, not in the interview room. Call us before you attend.

This page is general information about Victorian law, current at the time of writing. It is not legal advice about your situation. Laws and police practices change, so speak with a lawyer about your own matter.