Should I talk to the Police?

Do I have to talk to the police? Am I under arrest? Do I have to go and have an 'informal chat' at the police station?

These questions, or variations of them, arise all the time. As police investigate matters, they may ask you to come down to the station for a chat, or come to your house and ask if you'll go with them.

So do you have to go?

The short answer is: no! If you are not under arrest, you have no legal obligation to go to the police station at all. Sometimes the police will make a date and time for you to go in to see them - but this also doesn't mean you have to go.

There are times when you will have to tell the police your name and address. However, once you have told them this you have a right to silence and are under no obligation to speak to them again.

If you're arrested, you have a legal obligation to go with the police, but you still have a right to silence - being placed under arrest doesn't mean that you have to do an interview. Even if you tell the police you don't want to do an interview, they might still put you in an interview room and try and ask you questions.

It can be hard to sit there and not speak, and people can be afraid that it makes them look like they have something to hide. Every situation is different. At Monk Lawyers, we recognise the serious power imbalance between individuals and the police, and we want you to know your rights before you set foot in a police station or interview room. If the police want to talk to you, call Monk Lawyers for a free 10 minute conversation about your rights, or contact us if you'd like to book in for an in person consultation (fixed fees apply).