“I’ll Just Explain What Happened”: What You Say to Police Can Matter

After an incident at Schoolies, a person may think the easiest way to resolve the situation is to explain what happened to police.

What Does the Law Say?

You have the right to remain silent when speaking with police. When approached by police you are only required to provide your name, date of birth and address.

There are further exceptions. Police can require a person to provide certain information in particular circumstances, including identifying information and information required under specific laws.

Anything a person voluntarily discloses to police may be used as evidence against you in future court proceedings. This applies whether the conversation happens at the scene, in a police vehicle, at a police station or somewhere else.

There is no such thing as “off the record”.

What Happens During a Police Interview?

A police interview is different from an informal conversation.

Police may record an interview and what is said may be used against you in future proceedings. A person's answers may also be compared with other evidence, such as CCTV, messages, photographs or witness accounts.

That does not mean a person should assume that speaking to police will always make matters worse. The important point is that a person should understand their legal rights before deciding how to respond. It is recommended you seek legal advice prior to being interviewed by police.

For young people, additional protections can apply when police are questioning them about offences.

What If the Person Is Under 18?

If you are under  the age of 18 years and are questioned by police in relation to a serious offence, you must have a support person present during questioning.  

Support person can include:

• Parent or guardian;

• Lawyer; or

• Relative or friend.

If you have not arranged a lawyer to be present during questioning, then Police are obliged to inform you that a legal aid representative will be notified that you are in custody for an offence.

What Should You Remember?

Being asked questions by police does not mean a person has to immediately explain everything that happened.

A person should first understand:

• whether they are required to provide particular information;

• whether they are being questioned as a suspect or simply as a witness;

• whether they are under arrest; and

• what are their rights before answering questions.

For a young person, getting legal advice before a police interview is extremely important.

Want to Know More About the Rules?

• Legal Aid Queensland – Talking to the police – Information about the right to silence and when information must be provided.

• Queensland Government – Getting questioned, arrested and charged – An overview of the police process.

• Answering Police Questions – information about the police questioning.

Have a question about Schoolies and the law?

Submit your question through our Schoolies Week Legal Enquiry Form and our Crime & Misconduct team will address it as part of our Schoolies legal awareness series. Submit your question here.