More Information

The decision as to whether to take part in an interview is often a difficult one to make and there are often advantages and disadvantages of doing so. Each case is unique and our advice often varies from case to case whether someone should take part in an interview or not.  If you would like specific advice we would be happy to speak with you on either 03 9670 5111 or send an email to enquiries@criminal-lawyers.com.au

No unfavourable inference can be drawn from a person refusing or failing to answer questions in the course of official questioning. That is where "no comment" is stated to every question. Selective answering of questions (ie answering some and not others) can be used against you. 

However, there are a number of laws that require a person to provide a response to police.  If the person fails to provide a response, the person may be guilty of a criminal offence. 

Advantages and disadvantages of taking part in an interview

Advantages

1. Your denial if accepted may mean that police do not charge you with a criminal offence.
2. Your version may be more readily accepted by the court because you told the police what you knew at the time of your arrest and before seeing the witness statements.
3. The court must take into account your remorse when sentencing you.
4. Failure to answer a question may be an offence. 

Disadvantages

1. Police often do not have enough evidence against the suspect to prove the offence when they question them.  You may say something that may help the police prove the case against you.
2. Providing a version of events to police often will not influence the police officers decision to issue a court attendance notice or not.
3. The interview process can often be very stressful and this may lead you to be confused or mistaken about what actually occurred.  Often suspects who are interviewed will give an incorrect version of events and after reading the witness statements they remember what occured.  It is always difficult for an accused person to convince a court that they were mistaken about the facts and have not changed their evidence to support their case.
4. If you are going to implicate others in the crime, there may be repercussions especially if you are likely to remain in custody. 

Information that may assist you in making the decision

You or your solicitor may be able to obtain information from the police officer investigating your matter.  Details in respect of the following matters may assist you making this decision:

1. Whether participation in a record of interview will effect their decision re issuing charges?
2. The evidence the police have against you. (ask them to show you the evidence)
3. Whether you are likely to be granted bail.
4. Whether it is an offence to fail to provide an answer to any question.