Whether you’ve been arrested, approached by Police, or stopped by an Authorised Officer on public transport, understanding your legal rights in Melbourne Victoria is essential. At Shamac Lawyers we regularly advise clients who are unsure of their obligations — and their protections — when questioned by authorities.
Here’s a clear, practical guide to what the right to silence really means, and how to handle interactions with police, ticket inspectors, and other authorised officers.
What You Must Provide
If you’re asked by police or an authorised officer, you are legally required to state:
- Your full name, and
- Your current address.
In some limited situations — such as when you’re in a restricted, controlled, or ticketed area (like public transport without a valid ticket) — you may also be asked to explain your reason for being in that location. Failing to provide this information could lead to further questioning or a fine.
While you are not required to answer other questions, being calm, polite, reasonable and cooperative can often help de-escalate the situation and avoid unnecessary tension. If you’re uncertain or uncomfortable, you are entitled to say: “I don’t wish to answer further questions without legal advice, but I am cooperating.”
Your Right to Silence — Explained
The right to silence is a longstanding legal safeguard. It means:
- You are not required to answer questions about an incident or allegation.
- Responding with “no comment” is entirely lawful and cannot be held against you.
It’s often safer to provide your version of events later, after getting legal advice.
If you’re unsure, it’s best to remain silent and speak to a lawyer before saying anything else.
That said, if the Police suggest something that is clearly wrong or inconsistent — and you’re confident you can correct it — you may choose to clarify the point. However, be extremely careful. Police may attempt to steer the conversation in ways that encourage you to reveal more than you intend. This is especially risky if you’ve had a few too many alcoholic drinks or are under the influence of drugs.
When in doubt, it’s safest to respectfully state that you don’t wish to comment until you’ve received legal advice.
Interviews for Serious Offences
If you’re being questioned in relation to an indictable offence (e.g. serious assault, burglary):
- The interview must be audio and video recorded.
- You have a right to request a copy of the recording for your legal defence.
Ask to Speak to a Lawyer
Before police begin any formal questioning, you have the right to:
- Speak with a lawyer, and
- Have the interview delayed for a reasonable time while you do so.
If you don’t know a lawyer, the Police must assist you in finding one. This could include providing contact details for a duty lawyer or facilitating a call to Victoria Legal Aid. If your usual lawyer is unavailable or their office is closed, you should still ask to speak with any available duty solicitor or on-call legal advisor.
You are not required to continue with the interview until you’ve had the opportunity to speak with a lawyer. Don’t feel pressured to proceed without legal advice — regardless of the time of day.
Language Support
If English isn’t your first language, ask for a qualified interpreter. You need to fully understand:
- What you’re being questioned about,
- Your legal rights, and
- The caution you are being given.
Don’t continue the interview unless you understand what’s being said.
Vulnerability and Communication Assistance
If you:
- Have a disability,
- Experience a mental health condition, or
- Have a cognitive impairment,
…you have the right to have an Independent Third Person (ITP) present. They ensure communication is clear and that your rights are respected.
What Officers Are Required To Do
Police and Authorised Officers must:
- Clearly tell you why you are being questioned or detained,
- Give a proper legal caution: “You do not have to say or do anything, but anything you say or do may be used in evidence.”, and
- Allow you to contact a lawyer or support person.
What Officers Cannot Do
They must not:
- Threaten or intimidate you,
- Offer bribes or inducements to encourage you to speak, or
- Prevent you from accessing legal advice unless permitted under specific, exceptional legal grounds.
Final Word: Say Less, Call Shamac Lawyers
Being questioned — even casually — by Police or an Authorised Officer can be stressful. But you are not alone, and you don’t have to handle it without support.
At Shamac Lawyers, we’re here to protect your rights from the first conversation to the courtroom.
Get in touch before or after a Police interview, or legal notice.
Remember, Police and Authorised Officer are ordinary people doing their job — and the law requires you to treat them with respect. There are serious penalties for abusive, threatening, or aggressive behaviour toward them. Everyone deserves to go home safely at the end of the day — including you, and including them.