I Have Been Asked To Participate In A Police Interview By The Police? Do I Have To Attend?

16th November 2026

We get asked this question all the time. Being asked to attend a police interview can feel intimidating, particularly when you do not know what information the police already have. Before agreement to an interview or answering questions, it is important to understand your rights and how what you say may affect your matter. You do have the right not to participate in an interview. However, it is best to check in with a criminal lawyer regarding your particular situation.

What do I do if I am under investigation by the Police?

Police investigators are trained to ask questions and gather evidence. Getting legal advice before participating can help you make an informed decision about how to proceed. There is no such thing as a casual conversation with a police officer. You have to be aware that your interview will be recorded and any information that you give can be used as evidence against you.

If the police are asking about alleged offences, you can simply say: "I do not wish to answer any questions until I have spoken with a lawyer." Declining to participate in a police interview is not, in itself, evidence of guilt. Every person has the right to remain silent and to seek legal advice before deciding whether to answer police questions.

Drinkwater Law represents clients in relation to the following areas of criminal law

We represent clients in criminal matters at Forster Local Court and Taree Local Court. We also appear across Newcastle and the Hunter region, including at Raymond Terrace Local Court, Maitland Local Court, Newcastle Local Court, Belmont Local Court, and Singleton Local Court.