Police want to interview me. What are my rights?
This is about Victorian law. Each state and territory has its own law on this, and the steps and services are different. If you live outside Victoria, see Help in other states.
Last checked: 31 October 2026
The short answer
In most cases you have the right to stay silent, and you can answer 'no comment' to police questions. You usually must give your name and address if police believe you have committed an offence or can help with a serious one. If you are under arrest, you can contact a lawyer and a friend or relative before questions start. Get legal advice before any interview.
Step by step
Ask why police want to talk to you
Ask if you are a suspect or a witness, and if you are under arrest. If you are not under arrest, you can usually say no to going to the station, with some exceptions such as a breath or drug test while driving. You can ask for the officer's name, rank and station.
Give your name and address if you must
You must give them if police believe you have committed, or are about to commit, an offence, or that you can help them investigate an indictable (more serious) offence. Police must tell you why they are asking. Refusing, or giving a false name, can be an offence. Other times you must give them include when you are driving and police signal you to stop.
Call a lawyer before the interview
Tell police you want to speak to a lawyer before you answer anything else. If you are in custody, police must tell you that you can contact a lawyer and a friend or relative, and must usually wait a reasonable time so you can. You should be given a private place to make the call.
Ask for an interpreter or support person
If your English is not good enough to understand the questions, police must get a qualified interpreter and wait for them. Under 18s must have a parent, guardian or independent person with them, and can talk to them privately first. Adults with a cognitive impairment or mental illness can have an Independent Third Person, a trained volunteer from the Office of the Public Advocate.
In the interview
You can say 'no comment' to every question after your name and address. Anything you say can be used in court, and there is no 'off the record'. You do not have to make a statement or sign one. If you feel unwell, ask for medical help or medication before the interview starts.
After the interview
Police may release you, release you and send a charge and summons later, or charge you and decide bail. Write down what happened as soon as you can. Get legal advice about any charge.
Who can help
Victoria Legal Aid Legal Help
Free legal information and referrals by phone or online chat, Monday to Friday 8 am to 6 pm.
Victorian Aboriginal Legal Service (VALS)
Legal help for Aboriginal and Torres Strait Islander people, including criminal law and harm caused by police.
Office of the Public Advocate
Runs the Independent Third Person program for police interviews.
publicadvocate.vic.gov.au/opa-volunteers/independent-third-persons ↗Forms and the law
VLA: speaking to the police
When you must give your name and address, and your right to silence.
legalaid.vic.gov.au/speaking-police ↗VLA: being arrested
Your rights in custody, including phone calls and interpreters.
legalaid.vic.gov.au/being-arrested ↗VLA: young people and the police
Rights for people under 18, including an independent person.
legalaid.vic.gov.au/young-people-and-police ↗Office of the Public Advocate: Independent Third Persons
Volunteers who attend police interviews with people with a cognitive impairment.
publicadvocate.vic.gov.au/opa-volunteers/independent-third-persons ↗Crimes Act 1958 (Vic), s 456AA (name and address)
legislation.vic.gov.au/in-force/acts/crimes-act-1958 ↗Crimes Act 1958 (Vic), ss 464A to 464J (people in custody: lawyer, friend or relative, interpreter, under 18s, right to silence)
legislation.vic.gov.au/in-force/acts/crimes-act-1958 ↗Where this information comes from
These are public sources we used to write this guide. They are general information, not legal advice about your situation.
- Victoria Legal Aid Police interviews
- Victoria Legal Aid VLA: speaking to the police
- Victoria Legal Aid VLA: being arrested
- Victoria Legal Aid VLA: young people and the police
- Victoria Legal Aid Contact us
- Office of the Public Advocate Independent Third Persons
- Victorian Aboriginal Legal Service Home page
- Victorian Legislation Victorian Act (PDF)
Need help with this?
We are not taking requests yet. These services can help today.