If you are under investigation by the police, or have been contacted by police in connection with an alleged offence, it is critical that you seek legal advice before taking any steps. How you respond to a police investigation — particularly in the very early stages — can have a profound impact on the outcome of your matter.

At Angus Cameron and Partners, we advise and represent clients at every stage of a police investigation, from the moment police make contact through to charge, bail, and beyond. We are available urgently — the sooner we are involved, the better placed we are to protect your position.

Below is a guide to the key stages of a police investigation and what you should know at each step.

Contact Us Before Speaking to Police

If police have approached you, contacted you by phone, or asked you to come in for an interview, the most important thing you can do is contact us before you say anything or agree to anything:

  • You have the right to speak to a lawyer before any police interview — you should always exercise this right
  • Police are not required to disclose all of the evidence they have against you before an interview, which means you may not know the full picture of what they are investigating
  • We can assist you by asking questions of police to give you a better idea about the allegations before interview
  • Anything you say to police — including in informal conversation before a formal interview begins — can be used as evidence against you in court
  • We can advise you on whether to participate in an interview, what to say, and how to protect your position from the outset

Police Powers of Arrest

A police officer may arrest you without a warrant if they have reasonable grounds to believe that you have committed an indictable offence. You may also be arrested under a court-issued arrest warrant. Key things to know:

  • Police must tell you the reason for your arrest
  • Police must tell you that you are under arrest
  • Police must not use disproportionate force to affect an arrest
  • Resisting a lawful arrest is a criminal offence

Search Powers

Police have powers to search your person, vehicle, and property in certain circumstances. The extent of those powers depends on whether police have a search warrant and the nature of the alleged offence:

  • Police can search you without a warrant if they have reasonable grounds to suspect you are carrying drugs, weapons, stolen property, or other prohibited items
  • Police can apply to a magistrate for a search warrant to enter and search your home or other premises — a warrant must specify the premises to be searched and the things being sought
  • Following an arrest, police can search you and your immediate surroundings if they have reasonable grounds to believe you may be carrying a weapon or something that could be used to escape or destroy evidence
  • If police search your property, they should provide you with a list of anything seized — we can advise you on whether the search was conducted lawfully and, if not, make applications to exclude any evidence obtained

Your Right to Silence

One of the most important rights you have when dealing with police is the right to silence. You are not obliged to answer police questions (beyond confirming your name and address in certain circumstances), and no adverse inference can be drawn against you at trial for exercising this right:

  • A court cannot use your silence or refusal to answer questions as evidence of guilt
  • A ‘no comment’ interview — where you confirm your name and address and decline to answer any further questions — is a completely legitimate and often advisable course of action
  • It is not always advisable to answer “no comment” in a record of interview so it is imperative that you obtain legal advice beforehand

Forensic Procedures

In the course of an investigation, police may seek to obtain forensic samples or conduct other forensic procedures. Your rights in this area are important to understand:

  • Police can require you to submit to certain forensic procedures — such as providing a DNA sample or fingerprints — in connection with the investigation of serious offences
  • Some forensic procedures require a court order; others can be conducted with consent or following arrest
  • You are not required to participate in a re-enactment of an alleged offence, an identification parade, or any physical sobriety tests (other than those required by specific road safety legislation)
  • We will advise you on your obligations in relation to any forensic procedure and whether you are required to comply

Bail After Arrest

If you are arrested, police must either charge you and bring you before a court or bail justice, or release you. They cannot hold you indefinitely. After charge, you may be released on bail or remanded in custody:

  • Police have the power to grant bail at the police station following charge — this is called ‘police bail’
  • If police decline to grant bail, you must be brought before a Magistrate as soon as practicable
  • Bail conditions may be imposed, such as a requirement to report to a police station, not to contact certain people, or not to leave Victoria

Guide to Police Investigations — FAQs

Do I have to go to the police station if police ask me to come in for an interview?

No. Police cannot require you to attend a police station for questioning unless they have lawfully arrested you. If police contact you to arrange an interview, you should treat this as an urgent matter and contact us before agreeing to anything or attending anywhere.

Do I have to answer police questions?

Generally, no. You have a right to silence under Victorian law and are not obliged to answer police questions beyond providing your name and address in certain circumstances. Anything you say to police — including in informal conversation before a formal interview begins — can be used as evidence against you in court. We strongly recommend seeking legal advice before speaking to police about any allegation.

What is a "no comment" interview?

A no comment interview is where you confirm your name and address and decline to answer any further questions. This is a completely lawful and often advisable course of action. No adverse inference can be drawn against you at trial for exercising your right to silence. Although it’s often advisable to make a no comment interview, every case is different. In certain circumstances it is highly advisable to put your version of events on record at an early stage. At Angus Cameron and Partners, we see how these early decisions play out at trial, sometimes many years down the line, so we are well positioned to advise you about how to approach a police interview.

Can police search my home without a warrant?

Generally, police need a search warrant to enter and search your home. A warrant must specify the premises to be searched and what police are looking for. There are some limited exceptions — for example, if police believe on reasonable grounds that a person has assaulted (or threatened to assault) a family member or breached an intervention order. If police attend your home, you can ask to see their warrant before allowing entry. We can advise you on whether any search conducted was lawful and, if not, make applications to exclude evidence obtained as a result.

What happens if police want to take a DNA sample or my fingerprints?

Police can require you to submit to certain forensic procedures — including DNA samples and fingerprints — in connection with the investigation of certain offences. Some procedures require a court order; others can be conducted following arrest. You should not simply agree to a forensic procedure without first understanding whether you are legally required to comply. We can advise you on your obligations and whether the procedure is being sought lawfully.

Will I definitely be charged if police interview me?

Not necessarily. Police interview you to gather evidence to decide whether to charge you. Whether a charge follows depends on the strength of the evidence overall. However, what you say — or do not say — in an interview can significantly affect that decision. This is one of the key reasons we advise clients to seek legal advice before participating in any interview.

What should I do if police call me and say they just want a “quick chat”?

Treat this as seriously as a formal interview request. Police sometimes use informal contact to gather information that can later be used against you. You are under no obligation to speak with police in any setting, formal or informal. Contact us before returning any call or agreeing to speak with police about any allegation.

What happens after police charge me?

Once police charge you, may be released on police bail. If not, you will be taken before a bail justice or the Magistrates’ Court. At that point, the question of bail becomes the immediate priority. We can attend at the police station, the bail justice hearing, or the Magistrates’ Court as required and make an urgent bail application on your behalf. The criminal process then begins in the Magistrates’ Court.

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