Understanding your right to silence
If you are questioned by police about a suspected offence, you are not obliged to answer their questions. Exercising your right to silence is a fundamental protection under Queensland law and does not mean you are guilty.
If your matter later proceeds to court, the jury is generally not told that you declined to speak. If it is raised, the judge must instruct them that your silence cannot be used to infer guilt.
However, partial silence can cause problems. If you answer some questions but refuse others, it may appear selective and could be used to suggest you were hiding something. The safest and most consistent approach is to clearly state:
“I do not wish to answer any questions until I have spoken to my lawyer. Can I please call my lawyer now?”
