Last updated 25 August 2016

When a person does not want to say anything to police, that attitude should be made clear and should not change regardless of what police may say. While remaining polite, it is best to severely limit any further conversations with police.

The accused or suspect should state their name and address, and state words to the effect of:

‘I am happy to cooperate with police. However, my lawyer has previously told me not to be interviewed or answer any questions until I have consulted with them.’

By saying this, police should appreciate that you are not being deliberately uncooperative but rather acting on advice.

The accused should continue to make this answer to every question. There should be no change in the response, even if a question is asked about the reason for declining an interview or the topic is changed to something irrelevant and seemingly harmless. It must be remembered that police are trained and skilled at questioning people and may use those skills in an attempt to make a suspect talk when that person has already declined to be interviewed. Once an accused person refuses to answer questions (either before or during questioning), police must not continue to ask questions; police can, of course, clarify whether the refusal relates to all questions or only questions about a particular topic (sch 9 reg 24(2) Police Powers and Responsibilities Regulation 2012 (Qld)).