Can My Police Interview Be Used in Court?

If you’ve participated in a police interview, it’s natural to wonder:

“Can the police actually use what I said in court?”

In many cases, the answer is yes.

A Record of Interview is often one of the most important pieces of evidence relied upon by the prosecution. What you say during an interview can be played in court, referred to by the prosecutor and used by the Magistrate when deciding whether the charges have been proved.

However, that does not mean every police interview is automatically admissible. There are circumstances where part, or even all, of an interview may be challenged and excluded from evidence.

What is a Record of Interview?

A Record of Interview is a formal interview conducted by police during a criminal investigation.

Most interviews in Victoria are audio and video recorded.

The recording becomes part of the prosecution brief and may later be used during court proceedings.

Unlike an informal conversation, a Record of Interview is specifically designed to gather evidence.

How is a police interview used in court?

If your matter proceeds to a contested hearing, the prosecution may rely on your interview as part of its case.

Depending on the circumstances, the interview may be used to:

• Prove admissions you made.

• Explain your version of events.

• Highlight inconsistencies.

• Compare your answers with other evidence.

• Challenge your credibility if you later give evidence.

In some cases, the Magistrate may watch or listen to parts of the interview during the hearing.

Can everything I say be used?

Potentially, yes.

Anything you voluntarily say during a police interview may become evidence.

Even comments that seem unimportant at the time can later become significant.

For example:

• A casual remark.

• An estimate of time.

• A description of your movements.

• An explanation that later changes.

• A statement made while you are nervous or upset.

This is one of the reasons why obtaining legal advice before participating in an interview is so important.

What if I admitted the offence?

An admission made during a police interview can be powerful evidence.

However, it does not automatically determine the outcome of your case.

Your lawyer will still consider issues such as:

• Whether the interview was conducted lawfully.

• Whether the admission was voluntary.

• Whether police complied with their legal obligations.

• Whether there are other legal issues affecting the prosecution case.

Every case depends on its own facts.

Can my interview be challenged?

Yes.

Just because an interview has been recorded does not mean it will automatically be admitted into evidence.

If there are concerns about the way the interview was conducted, your lawyer may be able to challenge whether some or all of the interview should be used in court.

For example, issues may arise if:

• The questions and answers are not relevant to a fact in issue.
• The interview was conducted unfairly.

• Police acted improperly.

• You did not properly understand your rights.

• You were misled during the interview.

• The interview was not voluntary.

• Important legal requirements were not followed.

These issues are often determined by the court before the contested hearing proceeds.

What if police misled me during the interview?

If you believe police misled you, made false representations or acted unfairly during the interview, you should tell your lawyer immediately.

In some circumstances, misleading or improper police conduct may provide grounds to argue that part, or all, of the interview should be excluded from evidence.

Whether the court excludes the interview depends on the particular facts of the case. The court will consider the nature of the police conduct, whether your rights were affected and whether it would be unfair for the prosecution to rely on the interview.

Not every improper comment by police will result in the interview being excluded, but it is an issue that should always be carefully assessed by an experienced criminal defence lawyer.

What if I said something that wasn’t true?

People sometimes give inaccurate answers because they are:

• Nervous.

• Confused.

• Frightened.

• Trying to remember events from some time ago.

• Feeling pressured during questioning.

If you believe you gave an incorrect answer during your interview, speak with your lawyer as soon as possible.

Do not attempt to contact police yourself to “fix” the interview without obtaining legal advice.

What if I refused to answer questions?

If you exercised your right to remain silent, that fact alone does not mean you are guilty.

The prosecution cannot simply rely on your decision to remain silent as proof that you committed the offence.

Whether remaining silent was the best decision depends on the circumstances of your case.

Can the interview help my case?

Sometimes.

People often assume that a police interview only helps the prosecution.

In some cases, however, an interview may contain information that supports the defence or provides important context.

Your lawyer will carefully review the interview to determine whether it assists or creates difficulties for your case.

Practical advice after a police interview

If you have already completed a police interview:

• Don’t panic.

• Don’t assume the case is over.

• Don’t contact police to change your answers.

• Keep copies of all paperwork.

• Obtain legal advice as soon as possible.

Your lawyer will usually obtain a copy of the interview and review it carefully before advising you about the next steps.

Frequently Asked Questions

Can the Magistrate watch my police interview?

Yes. If the interview is admitted into evidence, the Magistrate may watch or listen to all or part of the recording during your case.

Can my interview be excluded?

Sometimes. If there are legal issues about the way the interview was conducted, your lawyer may argue that part or all of the interview should not be admitted into evidence.

What if I admitted the offence?

An admission can be important evidence, but it does not automatically determine the outcome of your case. Your lawyer will assess the interview together with all of the other evidence.

Is it too late to get legal advice?

No. Even if you have already participated in a police interview, obtaining legal advice is still important. Your lawyer can review the recording, explain how it may affect your case and advise you about your options.

Get advice before your interview becomes evidence

A police interview can play a significant role in the outcome of a criminal case, but it is only one piece of the overall evidence. Whether the interview assists the prosecution, supports your defence or can be challenged depends on the circumstances of your case.

At Wilkinson Lawyers, we regularly review police interviews, advise clients about their legal rights and challenge the admissibility of interviews where appropriate. If you have participated in a Record of Interview or have been asked to attend one, contact us for advice about your rights and the best way to protect your interests.

If you have been charged with a criminal offence or have Criminal Hearing at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in criminal law matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.

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