Police Interview & Interrogation

Although many people lump these procedures together as “being questioned by police”, a police interview and a police interrogation are not in fact quite the same thing.

A police interview is usually aimed at gathering information. The police may want to understand how events unfolded, verify certain facts, locate witnesses, or confirm some background details. At this stage, the police are focused on obtaining information.

A police interrogation, by contrast, usually arises once the police already hold some evidence, suspect that a person is involved in unlawful conduct, or want to confirm certain key facts. At this stage, the police are concerned with more than just obtaining information—they are testing, confirming and even challenging the person’s account.

In practice, the police will not necessarily tell you outright which stage you are at. So even if the police say they only want to “have a chat” or “understand the situation”, that does not mean the risk in your matter is necessarily low.

When the police contact you, one possibility is that they are approaching you as a witness—for example, you saw how events unfolded, you know someone involved, or you hold some important information. But it may also be because they consider that the person may be directly connected to the matter.

In practice, it is worth taking note when the police begin to focus on matters such as:

For example, in matters involving shoplifting, assault, drugs or domestic violence, the police may initially say only that they wish to understand the situation. But as the investigation progresses, the questions may gradually narrow to a person’s movements, communication records, activity at the scene, or relationships with others involved.

In that situation, the focus of the police is no longer simply to understand how events unfolded, but potentially to assess the extent of your connection to the matter.

There is also a clear difference between a police interview and a police interrogation in the way questions are asked. In a general interview, the police usually ask more open-ended questions, for example:

What happened that day?
What did you see?
How did you come to know about this?
An interrogation, by contrast, tends to be more focused and specific. The police may ask about the same detail repeatedly, compare accounts given at different points in time, or ask you to explain the relationship between certain evidence and yourself. For example:

Why was your phone near the scene?
Why did a witness mention your name?
Why does CCTV footage show you there at the time?
How do you explain this information?
In some cases, the police may deliberately withhold some of the evidence they hold, hoping to observe how a person reacts and to judge from the answers whether the account is consistent. So an interrogation is not only about gathering material—it is also about testing and verifying a person’s statements.

In most criminal investigations, a person suspected of an offence generally has the right to silence. This means that, in relation to questions concerning a suspected offence, a person is generally under no obligation to answer.

But the right to silence does not mean you need to provide nothing at all. For example, in many situations the police may still lawfully require you to provide basic identifying details, including your name, address and date of birth. Some traffic-offence investigations or other statutory matters may also carry additional obligations.

Which questions you may decline to answer, and which information you must provide, needs to be assessed according to the circumstances of each case.

If you feel your English is not strong enough to understand the questions the police ask accurately, or to express what you mean accurately, you should promptly indicate that you need the assistance of an interpreter.

In criminal matters, a misunderstanding about a time, a place, a relationship between people or a detail of conduct can affect how the police understand the matter. So, particularly for people whose first language is not English, understanding the questions accurately and expressing yourself accurately is very important.

During a police investigation, the statements a person makes are recorded, compiled and become part of the case material. Even without a formal recorded interview, what is said may affect the direction the police take next. So you should treat every word you say to the police with care.

But when being questioned, a person usually does not know what material the police already hold. For example:

In this situation, many people will want to prove they were not involved by volunteering an explanation, and so provide a great deal of detail. But the information a person holds is often only the part of the facts they personally know, while the police may hold a different set of information.

For example, if a person misremembers a time, a place or the order in which they met someone, or understands certain details differently from the other evidence, this may later require further explanation.

So, when being interrogated by police, there is no need to volunteer large amounts of information beyond the scope of the questions in order to prove your innocence. For questions you are unsure about, questions that are unclear, or questions where you do not know whether you should respond, it is advisable to obtain legal advice before deciding how to handle them.

Beyond appearing in court to defend a client, a lawyer can also assist a great deal during the police investigation stage—helping the client cooperate with the police while, as far as possible, staying silent on questions that may be adverse to them, and advising on how to respond appropriately to police questioning. Obtaining legal advice at the investigation stage is also more valuable than waiting to consult a lawyer only after the matter reaches court.

For people who have already received notice from the police, are preparing for a recorded interview, or are currently under police investigation, the criminal lawyers at NS Legal can assist with:

The criminal law team at NS Legal can assist clients in dealing with police interviews, recorded interviews, police investigations and subsequent criminal proceedings.

Based on the circumstances of each matter, we analyse the stage of the police investigation, the information currently held and the issues a client may face, and provide tailored legal advice on police questioning, recorded interviews, bail and subsequent court proceedings.

If you have already been contacted by the police, asked to attend a police station, received notice of a recorded interview, or are concerned that you may become a subject of a police investigation, it is advisable to obtain legal advice as early as possible.