Rights During Police Questioning in Queensland
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Part IC of the Crimes Act 1914 (Cth) — sections 23F through 23S — sets out your rights when police question you about a Commonwealth offence. Before any questioning, the investigating official must give you the caution: you don't have to say anything, but anything you do say may be used in evidence.
The right to silence is a common-law right recognised at the highest level — Petty v The Queen (1991) is the case. You cannot be penalised for refusing to answer questions, and silence generally cannot be used against you in court.
Police interviews for Commonwealth offences must be electronically recorded where practicable under s. 23V. If the interview wasn't recorded, the prosecution has to explain why, and the court may refuse to admit the evidence. The recording rule was designed precisely to stop disputes about what was actually said.
One narrow exception: you must give your name and address in defined circumstances — for instance, under customs and border legislation or specific regulatory offences.
When does it apply?
These rights apply whenever AFP officers or other Commonwealth investigators question you about a suspected federal offence.
- The caution must be given whether you are under arrest or simply being questioned in circumstances where you are not free to leave.
- It applies to all people in Australia, including non-citizens.
- Special protections apply to Aboriginal and Torres Strait Islander persons (s 23H), who are entitled to communicate with a legal aid organisation and have an interview friend present.
What to Do If Australian Federal Police Are Questioning You About a Crime
- Listen to the caution carefully — make sure police have given it before questioning starts.
- Say: "I exercise my right to silence and wish to speak to a lawyer."
- Confirm that the interview is being recorded — ask if it is not.
- You may provide your name and address if lawfully required, but you do not need to answer further questions.
- Stay calm and repeat your request for a lawyer if police continue to ask questions.
What should you NOT do?
- Don't feel pressured to fill silences — police may use long pauses to encourage you to talk.
- Don't lie to federal police — providing false or misleading information to a Commonwealth officer is an offence under s 137.1 of the Criminal Code Act 1995.
- Don't agree to an "off the record" chat — there is no such thing in a police investigation.
- Don't answer "just a few questions" without legal advice, even if police say it will help your situation.
How Queensland differs from federal law
Queensland maintains a strong right to silence during police questioning. Under the PPRA, police must caution you before any questioning commences.
- Under section 397 of the PPRA, police must caution a detained person that they do not have to say anything but that anything they do say may be used in evidence. You are only required to provide your name and address.
- All police interviews for indictable offences must be electronically recorded (audio and video) under section 436 of the PPRA. A confession or admission that is not recorded may be inadmissible unless the court is satisfied that exceptional circumstances exist.
- The questioning period is generally limited to a reasonable time, which in Queensland is typically 8 hours (with extensions available on application to a magistrate under s 403 of the PPRA).
- The Human Rights Act 2019 (Qld), s 32(2)(i), provides that a person charged with a criminal offence has the right not to be compelled to testify against themselves or to confess guilt.
Additional Steps in Queensland
If you are questioned by police, clearly state that you wish to exercise your right to silence and request a lawyer. Contact Queensland Legal Aid (1300 651 188) or ATSILS (1800 012 255). Report improper questioning to the CCC.
Relevant Law: Police Powers and Responsibilities Act 2000 (Qld), ss 397-403, 436; Human Rights Act 2019 (Qld), s 32; Evidence Act 1977 (Qld)
Common Questions
When does rights during police questioning apply?
These rights apply whenever AFP officers or other Commonwealth investigators question you about a suspected federal offence.The caution must be given whether you are under arrest or simply being questioned in circumstances where you are not free to leave.It applies to all people in Australia, including non-citizens.Special protections apply to Aboriginal and Torres Strait Islander persons (s 23H), who are entitled to communicate with a legal aid organisation and have an interview friend present.
What should I do if the Australian Federal Police want to question me about a federal offence?
Listen to the caution carefully — make sure police have given it before questioning starts.Say: "I exercise my right to silence and wish to speak to a lawyer."Confirm that the interview is being recorded — ask if it is not.You may provide your name and address if lawfully required, but you do not need to answer further questions.Stay calm and repeat your request for a lawyer if police continue to ask questions.
What mistakes should I avoid with rights during police questioning?
Don't feel pressured to fill silences — police may use long pauses to encourage you to talk.Don't lie to federal police — providing false or misleading information to a Commonwealth officer is an offence under s 137.1 of the Criminal Code Act 1995.Don't agree to an "off the record" chat — there is no such thing in a police investigation.Don't answer "just a few questions" without legal advice, even if police say it will help your situation.
Rights During Police Questioning in other states
Same topic, different jurisdiction. Pick the one that applies to you.