What Happens in a Police Record of Interview?

Being asked to participate in a Record of Interview (ROI) can be intimidating, especially if you’ve never been involved in a criminal investigation before.

Many people imagine a dramatic interrogation room like they see on television. In reality, a police interview is usually a structured conversation that is audio and video recorded and may later become some of the most important evidence in a criminal case.

One of the biggest mistakes people make is assuming they can simply explain their side of the story without understanding the consequences.

If police ask you to participate in a Record of Interview, it is important to understand what the interview involves and to obtain legal advice before making any decisions.

What is a Record of Interview?

A Record of Interview is a formal interview conducted by police with a person they believe may have information about a criminal offence.

In most criminal matters, the interview is electronically recorded.

The recording may later be:

• Used as evidence in court.

• Played during a contested hearing.

• Relied upon by the prosecution.

• Reviewed by your lawyer when preparing your defence.

Unlike an informal conversation, everything said during a Record of Interview may become part of the evidence in your case.

Why do police conduct interviews?

Police interviews are conducted to gather evidence.

Sometimes police genuinely want to hear your explanation of events.

Other times they already have evidence from witnesses, CCTV footage or forensic material and are asking questions to:

• Confirm part of their investigation.

• Test your version of events.

• Clarify inconsistencies.

• Obtain admissions.

• Identify additional evidence.

• Assess your credibility.

The interview is an investigative tool.

It is not simply an opportunity for you to tell your story.

Where does the interview take place?

Most Record of Interviews are conducted at a police station.

The interview usually takes place in a dedicated interview room equipped with audio and video recording equipment.

Generally, there will be:

• One or two police investigators.

• You.

• Sometimes an interpreter if required.

Your lawyer does not usually sit in the interview room with you. Instead, you will normally have the opportunity to obtain legal advice before the interview begins.

What happens before the interview?

Before questioning starts, police will usually:

• Confirm your identity.

• Explain why you are being interviewed.

• Caution you about your legal rights.

• Explain that the interview is being recorded.

• Ask whether you understand the caution.

• Ask whether you wish to participate.

This is also the stage where you should tell police if you wish to speak with a lawyer before answering questions.

What is the police caution?

Before asking questions, police will generally caution you.

The caution explains that you do not have to say or do anything, but that anything you do say or do may be recorded and used in evidence.

The caution is designed to ensure you understand your rights before making any decisions about participating in the interview.

If you do not understand the caution, tell the police immediately.

Do I have to answer questions?

Generally, no.

In most criminal investigations, you have the right to remain silent.

That does not necessarily mean remaining silent is always the best option.

Equally, it does not mean answering every question is always the right decision.

Every case is different.

Whether you should participate in an interview is a strategic decision that should ideally be made after receiving legal advice.

What sort of questions will police ask?

The questions depend on the investigation.

Police may ask about:

• Where you were.

• Who you were with.

• Your relationship with other people involved.

• Your version of events.

• Messages or phone calls.

• Photographs or CCTV footage.

• Your movements before or after the alleged offence.

Some questions may seem straightforward.

Others may be designed to test your memory or compare your answers with evidence police already possess.

Why are police asking the same question again?

People are often surprised when investigators ask similar questions in different ways.

This is a common interviewing technique.

Police may be attempting to:

• Clarify your answers.

• Test your recollection.

• Identify inconsistencies.

• Compare your account with other evidence.

If you do not know or cannot remember something, it is generally better to say so than to guess.

Guessing can create inconsistencies that later become important in court.

What happens after the interview?

Once the interview is complete, police will decide what happens next.

Depending on the circumstances, they may:

• Release you without charge.

• Charge you with one or more offences.

• Continue their investigation.

• Seek further evidence before making a decision.

Not every Record of Interview results in criminal charges.

Common mistakes people make

Many people unintentionally damage their own case during a police interview.

Some common mistakes include:

• Thinking they can “talk their way out of it.”

• Guessing answers.

• Trying to minimise what happened.

• Filling awkward silences.

• Speaking without first obtaining legal advice.

• Assuming the interview is an informal conversation.

Remember that investigators are trained to gather evidence.

Everything you say should be considered carefully.

Practical advice before a Record of Interview

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

• Stay calm.

• Be polite.

• Ask to speak with a lawyer before making any decisions.

• Listen carefully to the caution.

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

• Don’t feel pressured into answering immediately.

• Remember that the interview is being recorded.

A short conversation with an experienced criminal lawyer before the interview can help you understand your rights and make an informed decision.

Frequently Asked Questions

Is a Record of Interview recorded?

Yes. Most police interviews in Victoria are audio and video recorded and may later be used as evidence in court.

Can I refuse to participate?

Generally, yes. Most people have the right to remain silent when questioned about an alleged offence, although there are exceptions where legislation requires certain information to be provided.

Can my lawyer be in the interview room?

Generally, no. However, you should usually be given a reasonable opportunity to speak with a lawyer before deciding whether to participate in the interview.

What happens if I have already completed an interview?

You should still obtain legal advice as soon as possible. Your lawyer can review the interview, explain how it may affect your case and advise you about the next steps.

Speak to a lawyer before making a decision

A Record of Interview is often one of the most important pieces of evidence in a criminal prosecution. The decisions you make before and during the interview can have a lasting impact on your case.

At Wilkinson Lawyers, we regularly advise clients before police interviews throughout Victoria. We can explain your rights, discuss the allegations, and help you decide whether participating in a Record of Interview is in your best interests before you answer any police 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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