Police want to interview me, what should I do?

When Police ask you to be interviewed

If someone is being investigated for, or charged with, a criminal offence, Police will routinely ask that person to take part in an interview. This involves a Police Officer asking a series of questions, which is usually recorded on video or audio.

Sometimes this happens before you have been charged with anything, while Police are still deciding whether to lay charges at all. In those circumstances, agreeing to an interview can do more harm than good, because you are effectively helping Police build the case against you before a decision has even been made.

Why seemingly harmless questions can be dangerous

The thing is, you don’t know why the Police are asking you these questions. You may answer a question that you think is meaningless, for example, “what car do you drive?” or “what is your phone number?”

That seemingly meaningless question may now have given Police stronger evidence to prove that you were at the scene of a crime, or stronger evidence to attribute a phone number to you. A small, throwaway detail can end up being the piece of evidence that links you to a crime scene, a phone record, or a co-offender, in ways you would not have anticipated when you gave the answer.

You have the right to remain silent

Under the New Zealand Bill of Rights Act 1990, everyone who is arrested or detained has the right to refrain from making any statement and to be informed of that right. In practice, this means Police must caution you before questioning, and you are not obliged to answer their questions.

Choosing to stay silent is not an admission of guilt, and it cannot be used to suggest you have something to hide. It is a right that exists precisely because what a person says in the pressure of a Police interview can be misunderstood, taken out of context, or later prove to be inaccurate once all the evidence is known.

You also have the right to speak to a lawyer

You also have the right to consult and instruct a lawyer without delay, and to be informed of that right, before deciding whether to answer any questions. Police are required to facilitate this if you ask for it.

Speaking to a lawyer first allows you to understand:

• What you are being investigated for or accused of;
• What Police already appear to know, and what they may be trying to find out;
• Whether answering questions could help or hurt your position; and
• If you do decide to participate, how to do so in a way that protects your interests.

Why “just telling your side of the story” can backfire

It is a natural instinct to want to explain yourself, particularly if you believe you have done nothing wrong. But an interview is not a conversation between equals. Police officers are trained interviewers, working from information you do not have access to, and asking questions with a specific purpose in mind.

An innocent explanation can be misinterpreted, an inconsistency (even a minor or understandable one) can be used to attack your credibility later, and details that seem irrelevant to you may fill a gap in the Police case that they could not otherwise prove.

What you should do

Whether you should speak to Police in a criminal case is a complex question, and the right answer depends on your specific circumstances, including what you are suspected of, what evidence already exists, and your personal situation.

As a general rule:

• You are not obliged to attend a Police interview or answer questions, and you have the right to consult a lawyer before deciding whether to do so.
• If Police contact you, or turn up at your home or workplace wanting to speak with you, you can tell them you wish to speak to a lawyer first.
• Avoid discussing the matter with anyone else, including on the phone or by text or social media, until you have obtained advice.