Do I have to go to a police interview?

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Do I have to go to a police interview?

Police may contact you and ask you to come to a police station for an interview. They will often make it seem like you do not have a choice, but that is rarely true. You do not have to go to a police interview unless you are under arrest or investigative detention. I explain what investigative detention is in my FAQ: “What is the difference between being arrested and being charged?”.

Sometimes, police will tell you that you have already been or will be charged, and that they would like you to come into the police station for an arrest by appointment. If you do not attend the arrest appointment, the police will probably arrest you at your home or workplace. Regardless of the situation, you should not go to a police interview without first speaking with a lawyer. If the police are not clear that they are arresting you regardless and asking you to do an arrest by appointment, then they are probably just trying to get you to come in for an interview. Again, you should speak with a lawyer before agreeing to go in for a police interview.

Do I have to speak with police if I am arrested or detained?

If you are under arrest or investigative detention, then the police may interview you, but you have the right to speak with a lawyer without delay. You also have the right against self-incrimination, including the right to remain silent. However, there are some specific exceptions to this. For example, if you are held under investigative detention or arrest, then you must tell police your name, date of birth, and address; and if you are detained while operating a motor vehicle and the police have an approved-screening device with them and demand that you to blow into it, then you must do so, or you may be charged with the offence of failing to comply with a breath demand.

Choosing not to answer police questions cannot be used to incriminate you (with a few specific exceptions). If you are detained or arrested, you have the right to get legal advice from a lawyer without delay, and you should do so before answering any questions.

You should get advice from a lawyer before answering any other questions. It is very important that you receive legal advice that is specific to your situation. Anything you do say to the police can and will be used against you if you are eventually charged and prosecuted.

Do I have to speak with police if I am not arrested or detained?

If you are not under arrest or investigative detention, then the police generally cannot force you to answer their questions or speak with them at all, and your choice to be silent cannot be used against you if you are later charged. However, there are a few specific exceptions to this, depending on the situation. If you are speaking with the police, then you should exercise your right to speak with a lawyer before answering any questions.

Should I go to a police interview?

Whether or not you should go to a police interview depends on the situation, and you should always get legal advice on your specific situation before deciding. For more information about this, see my FAQ: “The police want to talk to me. What should I do?”.