Criminal law

Your rights if police want to question you

By Aurum Legal · 16 July 2026

General information only. This article is not legal advice. Laws change and vary by state and territory.

If police want to question you, knowing your rights before you speak is crucial.

You can stay silent

For the offence itself, you generally have the right to remain silent. You may need to give your name and address in some situations, but you do not have to answer questions about the alleged offence.

Caution and questioning

After a caution, anything you say can be used as evidence. That includes casual comments at the station or in a recorded interview.

For anything serious, speak to a criminal lawyer before you answer. A short delay to get advice is usually far better than explaining later why you said something unhelpful.

Young people

Extra safeguards apply for juveniles, including the right to have a support person or lawyer present.

Ask the assistant to explain the usual process, then contact a criminal defence lawyer for your specific matter.

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