Your right to silence in Qld - Key points you need to know
If you are questioned by police in Queensland about a suspected offence, it is important to understand that you have the right to remain silent. You do not have to answer their questions, and choosing not to speak cannot legally be used against you.
Remaining silent does not imply guilt. If your matter proceeds to court, it is unlikely that the jury will ever be told that you declined to answer police questions. If they are told, the judge is required to instruct them that they must not use that fact when considering your guilt.
However, partial silence can be problematic. If you choose to answer some questions but avoid others, that may be interpreted as selective silence and may be used to suggest that you were attempting to hide something. The safest and most consistent approach is to state clearly:
"I do not wish to answer any questions until I have spoken to my lawyer. Can I please call my lawyer now"
Repeat it as necessary. Be polite but firm. Do not engage in casual conversation. There is no such thing as an ‘off the record’ conversation. Any conversations with the police could potentially be used against you later.
If you do not have a lawyer, you can ask the police to provide access to a list so that you can find one.
What You Are Required to Say
There are only a few things you are legally required to provide:
Your name
Your address
In some cases, your date of birth
You may also be asked to show identification, such as your driver’s licence. Beyond this, you are not required to engage in questioning.
Avoid answering questions like, "Is this your room?" or "How long have you lived here?" These types of questions are often investigative tools and may later be relied upon by the prosecution.
What About Phones and Computers?
You may be asked to unlock your mobile phone or other digital devices. You are only required to do so if a valid search warrant expressly authorises it. Even if a warrant is shown to you, you are still entitled to speak with a lawyer before taking any further steps. Legal advice is critical because if you are required to provide device access information, such as your pin or password and do not do so, you may be charged with a criminal offence of failing to do so.
Further, at traffic stops or following an accident, you may be legally required to provide specific information.
You should seek legal advice immediately and before taking any steps, when being investigated for a criminal offence.
Speak to our Brisbane Criminal Lawyers
If you have been approached by police or asked to take part in an interview, contact Ashworth Lawyers before answering any questions. The early steps can affect the outcome.
© 2025 This article is for general information only and is not legal advice. If you are facing charges or need advice about your specific situation, our experienced criminal defence lawyers are available now.