Can Police Lie During a Police Interview in Victoria?

One of the most common questions people ask before participating in a police interview is:

“Can the police lie to me?”

The answer is not as straightforward as many people think.

Police investigators are trained to ask questions, challenge explanations and test whether a person’s account is consistent with the evidence they have gathered. During an interview, officers may use a range of interviewing techniques designed to encourage a person to speak.

That is one of the reasons why obtaining legal advice before participating in a police interview is so important.

Are police allowed to mislead me?

Police interviews are not simply informal conversations. They are part of a criminal investigation, and investigators are trying to gather evidence.

During an interview, police may:

• Challenge your version of events.

• Suggest that another witness has given different evidence.

• Ask the same question in different ways.

• Put allegations directly to you.

• Test whether your account changes over time.

• Ask you to explain inconsistencies.

The purpose of these questions is often to assess your credibility and compare your answers with the evidence already obtained.

Not everything an investigating officer says should automatically be accepted as fact.

Why do police ask difficult questions?

Police are not interviewing you to help prepare your defence.

Their role is to investigate whether a criminal offence has been committed.

Investigators may ask difficult or confronting questions because they are attempting to:

• Clarify what happened.

• Test your memory.

• Compare your answers with CCTV or witness statements.

• Assess whether your explanation is consistent.

• Identify admissions or inconsistencies.

Many people become nervous during this process and begin talking simply because they feel uncomfortable with silence or pressure.

What if police say they already know what happened?

It is common for investigators to tell a person that they already have evidence.

They may refer to:

• Witness statements.

• CCTV footage.

• Phone records.

• Text messages.

• Forensic evidence.

• Information from other people.

Sometimes police will genuinely have this evidence.

Sometimes they are testing your response or seeing whether your version of events changes.

You should never assume that you know exactly what evidence police do—or do not—have.

Should I believe everything police tell me?

You should listen carefully to the questions being asked, but you should not feel pressured into agreeing with statements simply because they are made by a police officer.

People sometimes make admissions because they believe:

• “The police already know everything.”

• “If I just agree, I can go home.”

• “It will be easier if I explain.”

Unfortunately, those admissions can later become important evidence in court.

If you are unsure how to respond, the safest course is to obtain legal advice before participating in the interview.

Can police bluff during an interview?

Experienced investigators often use questioning techniques designed to encourage conversation.

For example, they may:

• Suggest that your version of events does not match other evidence.

• Ask whether you want to “tell your side of the story.”

• Say it is your opportunity to explain what happened.

• Put another person’s version of events to you and ask for your response.

These techniques are intended to gather information and assess your account.

That is why it is important not to make decisions based on pressure, assumptions or emotion.

What should I do if I think police are misleading me?

Stay calm.

Do not argue with the investigators or accuse them of lying.

Instead:

• Listen carefully.

• Don’t guess if you don’t know the answer.

• Don’t agree with something simply to end the interview.

• Ask to speak with a lawyer before continuing if you have not already received legal advice.

Remember that the interview is usually audio and video recorded.

Can misleading police conduct affect my case?

Yes, in some circumstances.

If police obtain evidence unfairly or improperly, including through misleading conduct during an interview, your lawyer may be able to argue that some or all of the interview should not be admitted into evidence.

Whether a court excludes part of a Record of Interview depends on the particular circumstances of the case. The court will consider factors such as the nature of the police conduct, whether your rights were affected, and whether it would be unfair to allow the prosecution to rely on the interview.

This is a complex area of law, and not every misleading statement by police will result in evidence being excluded. However, if you believe police acted improperly during your interview, it is important to tell your lawyer exactly what occurred. An experienced criminal defence lawyer can review the recording, assess whether the interview was conducted lawfully and, where appropriate, challenge the admissibility of the interview or parts of it before the matter proceeds to hearing.

Should I answer the questions anyway?

Every case is different.

There is no universal rule that applies to every police interview.

In some cases, providing information may be in a person’s best interests.

In many others, remaining silent is the better option.

The decision depends on:

• The allegations.

• The available evidence.

• Whether there is a defence.

• Your personal circumstances.

• The advice you receive from your lawyer.

For that reason, experienced criminal lawyers generally recommend obtaining legal advice before deciding whether to participate in an interview.

Common mistakes during police interviews

People often make avoidable mistakes because they are nervous or trying to be helpful.

These include:

• Assuming police already know everything.

• Guessing when they cannot remember.

• Agreeing with suggestions they don’t fully understand.

• Trying to explain away every allegation.

• Continuing to speak after answering the question.

• Believing that honesty alone will necessarily end the investigation.

A police interview is an important part of the investigation and should be treated seriously.

Practical tips if police want to interview you

If police ask you to participate in a Record of Interview:

• Stay calm and respectful.

• Ask whether you are under arrest or free to leave.

• Ask to speak with a lawyer before answering questions.

• Listen carefully to each question.

• Don’t guess or speculate.

• Don’t let yourself be pressured into making admissions.

• Remember that the interview is being recorded.

Taking a few minutes to obtain legal advice before the interview may have a significant impact on your case.

Frequently Asked Questions

Can police use interview techniques to test my version of events?

Yes. Investigators commonly ask probing questions, challenge explanations and test whether a person’s account is consistent with the available evidence.

Should I assume police are telling me everything they know?

No. You should not make assumptions about what evidence police have or do not have. Decisions about answering questions should be based on legal advice, not on assumptions about the investigation.

What if I think the police are trying to pressure me?

Stay calm and avoid making decisions because you feel pressured. If you have not already spoken with a lawyer, ask for legal advice before continuing with the interview.

Should I speak to a lawyer before the interview?

Yes. Before participating in a police interview, obtaining legal advice is one of the most important steps you can take. A lawyer can explain your rights, discuss the allegations and help you make an informed decision about whether answering questions is in your best interests.

Get advice before participating in a police interview

A police interview can be one of the most significant stages of a criminal investigation. Investigators are trained to ask questions, test your account and gather evidence that may later be used in court.

At Wilkinson Lawyers, we regularly advise clients before police interviews throughout Victoria. If police have asked to interview you, we can explain your rights, discuss your options and help you make an informed decision before you answer any questions.

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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