Updated August 17, 2026
If Victoria Police want to interview you, it does not automatically mean you have been charged with an offence. In many circumstances, police want to interview a person to gather evidence, clarify events, or ask about a suspected crime. Before any police interview begins, you should understand your legal rights, including your right to silence and your right to seek legal advice. Knowing what to expect can help you make informed decisions during the process.
Police conduct interviews for different reasons during a criminal investigation. Sometimes they believe you may be a suspect in an alleged offence, such as drink driving, or in investigations arising from a breathalyser or drug test. In other situations, they may simply want information from a witness or someone who was present during an incident.
A police officer may also request an interview to:
Being asked to participate in an interview does not automatically mean you are guilty of a serious offence. However, anything you say may later be used as evidence, making it important to understand your rights before you answer questions.
Not every police interview happens under the same circumstances. Understanding the distinction matters because your rights and obligations may differ depending on whether the interview is voluntary or compulsory.
| Interview Type | What It Means |
| Voluntary Interview | You attend the police station voluntarily without being under arrest. Unless police formally arrest you, you are free to leave at any time. |
| Compulsory Interview | A compulsory interview generally occurs after police lawfully arrest or detain a person under statutory powers. Although you may be required to remain in police custody, you still retain important legal rights, including the right to silence in most circumstances. |
During a voluntary interview, police ask you to attend a police station or another agreed location to answer police questions. Although attendance is voluntary in many situations, you should still seek legal advice before participating because your answers may become part of the investigation.
An interview in custody occurs after police lawfully arrest or detain a person while exercising their statutory powers. Although you are required to remain in police custody for a reasonable period while enquiries take place, answering questions is not compulsory. You retain the right to remain silent in almost all circumstances.
Before answering any police questions, Victoria Police must follow certain procedures designed to protect your legal rights. Understanding these rights allows you to make informed decisions throughout the interview process.
One of the most important protections under Victorian law is the right to silence. In most circumstances, you are not required to answer questions about an alleged offence. While there are limited exceptions, such as providing your name and address when legally required, choosing to remain silent generally cannot be treated as proof of guilt or create an adverse inference against you.
You have the right to seek legal advice and request to have a lawyer present before participating in a police interview. Speaking with a lawyer before answering police questions helps you understand your options and avoid unintentionally saying something that could later be used as evidence. Obtaining early advice is particularly important in serious matters or investigations involving indictable offences.
If English is not your first language or you do not confidently speak English, you may request an interpreter before questioning starts. Police should ensure you understand the interview process and the questions being asked. Using an interpreter helps protect your rights and reduces the risk of misunderstandings during the interview.
Young people and some vulnerable persons may be entitled to have an Independent Third Person present during questioning. This commonly applies to young people or individuals with cognitive impairment. The support person’s role is not to answer questions but to help ensure the interview follows appropriate legal procedures and that the person’s rights are respected.
A police interview follows a structured process. Police must comply with Victorian laws and procedures when questioning a suspect, particularly if the interview takes place after an arrest. Understanding what happens during the interview can help you remain calm and make informed decisions. Most interviews involve explaining your rights, recording the interview, and asking questions about the alleged offence.
Most formal police interviews take place in a designated interview room at a police station. In some circumstances, police may also conduct interviews at another suitable location. It is common for two police officers to be present, with one asking questions while the other records the interview and takes notes. The setting is intended to provide a controlled environment where the interview can be conducted fairly and accurately.
Formal interviews are generally audio or video recorded. The recording provides an accurate account of what was said and may later be used as evidence in court. Before the interview begins, police will usually confirm your identity and explain that the interview is being recorded. If you make a statement, it may also become part of the prosecution’s evidence.
During the interview, the police officer will ask questions about the incident under investigation. Some questions may be straightforward, while others may seek clarification about events, relationships, or timelines. Police may also refer to witness statements or other evidence police have gathered. You should listen carefully to each question and remember that you are not required to answer every question in most circumstances.
Before questioning starts, police will usually give you a formal caution. The caution explains that you do not have to say or do anything unless you wish to do so, but anything you say or do may be used as evidence. Understanding this caution is important because it reinforces your right to silence and your ability to obtain legal advice before answering police questions.
Remain calm, listen carefully, and avoid guessing or speculating when responding to police questions. If you do not understand a question, ask the police officer to explain it. If you wish to exercise your right to silence, do so respectfully. Where appropriate, ask to speak with a lawyer before continuing. Avoid signing any written document unless you fully understand its contents and have received legal advice.
Once the interview ends, police continue to assess all available evidence, including your responses, witness accounts, and other material collected during the investigation. Several different outcomes are possible depending on the circumstances.
After reviewing the evidence, police may decide to:
The outcome depends on the available evidence, the seriousness of the alleged crime, and whether police believe further investigation is necessary.
“If police charge you while you are in custody, they may grant police bail or bring you before a bail justice or the Magistrates’ Court, depending on the circumstances. Bail decisions depend on several factors, including the seriousness of the alleged offence, your criminal history, and whether bail conditions are necessary to protect the community or ensure you appear on your court date.
Victorian law provides additional protections for people who may require extra assistance during a police interview. These safeguards help ensure interviews are conducted fairly and that individuals understand the process and their legal rights.
Special procedures apply when interviewing young people. In many situations, an independent third person must be present during the interview. The support person helps ensure the young person understands what is happening and that police conduct the interview appropriately. Police must also consider the child’s age and ability to understand the questions being asked.
People with cognitive impairment may also require an independent third person or other appropriate assistance during questioning. Police must take reasonable steps to ensure the person understands the interview process, their legal rights, and the questions being asked. These protections help promote fairness and reduce the risk of misunderstandings.
Many people unintentionally make their situation more difficult by speaking too freely during informal conversations with police before the formal interview begins. Other common mistakes include trying to explain events without first obtaining legal advice, guessing answers instead of saying they do not know, providing inaccurate information, or signing a written document without reading it carefully. Remaining calm, understanding your legal rights, and seeking early advice can help you avoid unnecessary complications during a criminal investigation.
You should contact a lawyer as soon as police want to interview you, regardless of whether the interview is voluntary or follows an arrest. Obtaining legal representation before the interview helps you understand your rights, the allegations being investigated, and whether you should answer questions or exercise your right to silence. Early legal advice is particularly important for serious matters, indictable offences, or cases involving complex evidence.
If you are called for a police interview, you can generally decline or leave unless police lawfully arrest or detain you. However, you may still be legally required to provide your name and address in certain circumstances. Always seek legal advice before deciding whether to participate.
Yes. Anything you say during a recorded police interview may be used as evidence in court. This is why police provide a formal caution before questioning begins. Speaking with a lawyer before answering police questions can help protect your legal rights.
There is no fixed interview length that applies to every case. The duration depends on the investigation and the circumstances. However, police must conduct interviews fairly and follow Victorian legal procedures. If you are in custody, additional legal safeguards apply.
If Victoria Police want to interview you, knowing your legal rights before the interview begins is essential. Knowing when you can remain silent, when you must provide information, and when to seek legal advice can significantly affect how your matter progresses. Every situation is different, particularly in criminal matters, so obtaining early legal advice before participating in a police interview is often the best way to protect your interests and make informed decisions.
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
