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Being questioned

Speaking to a lawyer and family or friends

You can make two phone calls when the police arrest you or when you are in custody. You can phone a lawyer and a friend or relative.

The police must give you a private space to use the phone. A private space is where the police cannot hear you speak on the phone.

The police may not allow you to phone a friend or relative when it is a driving matter involving alcohol or drugs or when the phone call may:

  • help a person involved in the offence get away
  • help in some evidence being lost or changed
  • put other people in danger.

Interpreters

The police must get an interpreter when you cannot understand or answer their questions. The interpreter must be qualified to do this work (not just a relative). The police pay for the interpreter.

When an interpreter is not with you during questioning, the information you give police cannot be used as evidence in court.

Police do not have to get an interpreter in driving matters that involve alcohol or drugs.

Police caution

Before the police ask you questions they must give you a ‘caution’ about your rights.

If you have been charged with an indictable (serious) offence, the police must tape-record the caution and your response to it at the beginning of a formal police interview.

The caution used by police is:

‘I must inform you that you are not obliged to say or do anything but anything you say or do may be given in evidence.

Do you understand that?

I must also inform you of the following rights.

You may communicate with or attempt to communicate with a friend or a relative to inform that person of your whereabouts.

You may communicate with or attempt to communicate with a legal practitioner.’

These rights are for your protection. It is in your best interests to make use of these rights. You must tell the police when you want to use them. Do this as soon as the police caution you. Do not wait. The police must let you contact a lawyer and a relative or friend when you ask.

Tape-recorded interviews

Indictable offences

The police must tape-record the caution they give you about your rights when questioning you about an ‘indictable’ offence. Indictable offences are serious offences, often heard before a judge and jury.

The police must also tape-record any questions they ask you and your answers when they want to use this information as evidence in court.

The police may ask you about what you said earlier, before the tape-recording starts. You do not have to agree with or repeat anything you said earlier. These comments could be used against you in court. You can say still say ‘no comment’ on tape even if you already spoke to the police. It will not help your case when you answer some questions but not others. When you choose to say ‘no comment’, stick with it for every question.

The police must give you a taped copy of the interview. The tape is important for your lawyer. Do not lose it.

Summary offences

For a ‘summary’ offence, such as ‘drunk in a public place’, the police do not have to tape-record what you say for it to be used as evidence against you.

Instead the police can write down questions they ask you, and your answers. This information can be used as evidence in court.

More information

Koori community

People with a mental impairment

Public drunkenness offences

Terrorism laws

Youth issues – Young people and the police

Related publications

Your rights: police powers in Victoria

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • advice at many correctional facilities, remand and detention centres
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some criminal law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.