If police have approached you to make a statement in connection with a criminal matter, you have rights — and you have more choices than you may realise. Many people who come to us in this situation are family members, partners or friends of a person who has been charged or is under investigation. They may feel conflicted, uncertain about what they are obliged to do, or uncomfortable dealing directly with police.

Understanding the distinction between giving a statement to police and giving evidence in court is the starting point. These are two separate things, and your obligations in relation to each are different. This guide explains where you stand.

At Angus Cameron and Partners, we regularly advise and assist witnesses — not just accused persons. If you have been approached by police and are unsure what to do, we can help you understand your position, make strategic decisions about if and when to provide a statement, and ensure your rights are protected throughout the process.

Do I Have to Give a Statement to Police?

No. You are not legally obliged to give a statement to police. Police may ask you to come in for an interview, speak with them informally, or provide a written statement, but you are not compelled to do any of these things simply because they ask.

This is true even if you have relevant information. Being a witness to an event, or knowing the person who has been charged, does not create any legal obligation to cooperate with a police investigation. Your right to decline is real and it is available to you regardless of the reason.

That said, refusing to give a statement is not always the right decision. Whether to provide a statement — and if so, what to say and when to provide it — is a strategic question that depends on your circumstances, your relationship to the matter, and what you know. We help witnesses work through exactly these questions.

How We Can Help With a Statement

People sometimes come to us who are willing to provide a statement to police but do not feel comfortable doing so alone, or want to ensure that what they say is accurate, complete and fair. In those circumstances, we can assist by:

  • Meeting with you to understand what you know and what you are comfortable saying
  • Helping you draft a statement that records your account clearly and accurately
  • Advising you on whether, and when, to provide the statement
  • Accompanying you or liaising with police on your behalf where appropriate

Having a lawyer assist you in preparing a statement does not mean the statement is inaccurate or that you are trying to hide anything. It means you are approaching the process carefully and with advice, which is entirely appropriate.

What is a Compulsory Examination?

In some circumstances, if you refuse to provide a statement to police, the prosecution can apply to the Magistrates’ Court for an order requiring you to attend a compulsory examination. This is a formal process under the Criminal Procedure Act 2009 in which you can be questioned under oath, and it is a coercive environment — you can be compelled to answer questions that you would otherwise decline to answer.

A compulsory examination can only be ordered after a charge sheet has been filed and before the committal mention in the Magistrates’ Court. The court must be satisfied that it is in the interests of justice to make the order.

If you are or have been a suspect in relation to the matter, you must be given notice of the application and the opportunity to be heard before the order is made — your right to silence is a significant consideration in that context.

A compulsory examination is not something to face without legal advice. If you receive notice that an application has been made, or that you may be required to attend one, contact us immediately.

Do I Have to Give Evidence in Court?

The question of whether you must give evidence in court is separate from whether you must give a statement to police. If you are called as a witness in criminal proceedings and served with a subpoena, you can generally be compelled to attend and give evidence. The court has broad powers to require witnesses to give evidence, and refusing to comply with a subpoena can have serious consequences.

However, there are important exceptions and protections that may apply to your situation.

Objecting on the Basis of Family Relationship

If you are the spouse, de facto partner, parent or child of the accused, you have the right under the Evidence Act 2008 to object to giving evidence against them in criminal proceedings. This is a significant protection that many people in this situation are unaware of.

The process involves notifying the court of your objection. The court must then consider whether to require you to give evidence despite the objection, taking into account the nature of the relationship, the nature of the evidence sought, and whether it is in the interests of justice to compel you. In some cases the court will uphold the objection; in others it will not. The outcome depends on the circumstances, and having legal representation when you raise the objection gives you the best chance of having it upheld.

Objecting on the Basis of Self-Incrimination

If answering a question in court would tend to prove that you have committed a criminal offence, you have the right under the Evidence Act 2008 to object to answering that question on the grounds of privilege against self-incrimination. This right applies to witnesses, not just accused persons.

Once you raise the objection, the court must determine whether there are reasonable grounds for it — that is, whether there is a real and appreciable risk that your answer would expose you to criminal liability. The court makes this assessment without requiring you to fully explain the nature of the risk.

If the court accepts that there are reasonable grounds, it will inform you that:

  • You are not required to give the evidence unless compelled to do so
  • If you do give the evidence, the court will issue you a certificate
  • That certificate, with limited exceptions, prevents the evidence from being used against you in any future criminal proceedings

The court can still compel you to give evidence despite the objection if it is satisfied the evidence is in the interests of justice. If you are compelled and give the evidence, the certificate is issued and protects you. If you refuse even after being compelled, you may be found in contempt.

The privilege against self-incrimination is a real protection, but navigating the process correctly requires legal advice. We can advise you on whether the privilege applies to your situation, how to raise it properly, and what to expect if the court proceeds to consider your objection.

How We Can Help

Witnesses in criminal proceedings are often an afterthought — most legal guides focus on the rights of accused persons. But witnesses have real rights and real decisions to make, and getting those decisions wrong can have lasting consequences. We can help you with:

  • Understanding whether you are obliged to give a statement to police and advising on the strategic question of whether and when to do so
  • Drafting a statement that accurately records your account if you decide to provide one
  • Advising you on whether a compulsory examination application can be resisted and representing you if one is made
  • Raising an objection to giving evidence on the basis of your family relationship to the accused
  • Raising a claim of privilege against self-incrimination and representing you through that process in court
  • Ensuring you understand your rights at every stage and are not pressured into doing something that is not in your interests

Frequently Asked Questions

Police have asked me to come in for an interview. Do I have to go?

No. Police cannot compel you to attend a voluntary interview simply by asking. You are free to decline. If you are willing to speak with police but want advice first, contact us before agreeing to anything or attending anywhere. If police have a basis to arrest you — which is a different situation — different considerations apply.

Will refusing to give a statement make things worse for the accused person?

Not necessarily, and this is not the right way to frame the decision. Your decision about whether to give a statement should be based on your own position — what you know, what you are comfortable saying, and what the potential consequences are for you. We can help you think through those questions without pressure.

Can I give a statement through a lawyer rather than directly to police?

Yes. We regularly assist witnesses in preparing statements that are then provided to police. This approach gives you control over the process — you can take time to consider what you want to say, ensure your account is accurate and complete, and make an informed decision about timing. It is entirely legitimate and commonly done.

What is a compulsory examination and can I refuse to attend?

A compulsory examination is a formal court process in which you can be ordered to attend and answer questions under oath, even if you have declined to give a statement to police. It is available to the prosecution in certain circumstances before committal. Refusing to comply with a court order to attend can result in contempt of court. If you are notified that an application for a compulsory examination has been made, get legal advice immediately — there may be grounds to resist the application, and you should not face the process without representation.

I am the accused person's partner. Do I have to give evidence against them?

You may have the right to object. Under the Evidence Act 2008, spouses, de facto partners, parents and children of an accused person have the right to object to being compelled to give evidence against them in criminal proceedings. The court must consider your objection and may uphold it, though this is not guaranteed. The outcome depends on the circumstances. We can advise you on whether the objection applies to your situation and represent you in raising it.

What if answering a question in court would get me into trouble?

You have the right to object to answering any question that would tend to prove you have committed a criminal offence. This is the privilege against self-incrimination, and it applies to witnesses as well as accused persons. If the court accepts your objection, it will issue you a certificate that prevents the evidence from being used against you in future proceedings. The process needs to be handled carefully and with legal advice. Contact us if you are in this situation.

Does giving a statement mean I will definitely be called as a witness?

Not necessarily, but it makes it more likely. A statement creates a record of your account that the prosecution can rely on and, if it is useful to the case, may form the basis for a decision to call you as a witness. If you are concerned about being called as a witness, that is a relevant consideration in deciding whether and what to provide by way of a statement. We can help you think through the implications.

How much does it cost to get advice as a witness?

The cost depends on what you need. Initial advice about your position and rights is straightforward. Drafting a statement or representing you through a compulsory examination or privilege objection involves more work. We will give you a clear indication of costs at the outset. Given what is at stake — both for you personally and for the person whose case you are connected to — taking proper advice is almost always worthwhile.

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