The flashing lights in your rearview mirror. The moment you are asked to step out of your car. For many people, an interaction with the police can be a daunting and stressful experience, even if you have nothing to hide. It’s a high-stress situation where knowing your rights is your most powerful tool.

As legal professionals in Queensland, we see firsthand how a lack of information can put someone at a disadvantage. This guide is designed to provide clear, actionable advice on your rights when stopped by police on the Gold Coast or anywhere in Queensland.

This is the part that often confuses people, but the rule is a foundational principle of the law: you have the right to remain silent.

However, this right is not absolute. In Queensland, there are key exceptions you must be aware of:

• You must provide your name and address if police have a reasonable suspicion that you have committed, are committing, or are about to commit an offense.
• You may be required to answer questions in specific situations, such as those related to a traffic offense.

A simple phrase can protect your rights. If asked to answer questions about a potential offense, the best and safest thing you can say is, “I am exercising my right to remain silent and would like to speak to a lawyer.” Say this calmly and clearly.

The Right to Legal Advice

You have the right to legal representation. If you are being questioned about a serious offense, the police must allow you to speak with a lawyer before any formal interview.

Do not be pressured into saying anything until you have had that conversation. Our team is available to assist and provide guidance, so don’t hesitate to reach out. The legal advice you get at this early stage can significantly impact the outcome of your case.

What About a Search of My Person or Vehicle?

Police officers cannot search you, your vehicle, or your property without a valid legal reason. This could be due to a warrant, or because they have a “reasonable suspicion” that you may be carrying something illegal, such as drugs or a weapon.

Even if you have nothing to hide, it’s often best to withhold consent to a search and state your intention to speak with a lawyer. A simple, “I do not consent to this search,” is a critical step in protecting your rights.

Key Misconceptions About Police Powers

There are several common myths that can put you at risk. Here are two of the most frequent misconceptions we hear:

• “They have to ‘read me my rights’.” In Australian law, this is not a legal requirement in all situations. Police only need to give you a formal caution before questioning you about a serious offense.
• “I can’t be arrested just for refusing to answer questions.” While you have a right to silence, you can be arrested if you fail to provide your name and address when legally required, or if police believe it is necessary to establish your identity to charge you with an offense.

In a Stressful Moment, Your Rights Are Your Protection

An interaction with the police can be intimidating. The most important things to remember are your right to silence and your right to legal representation. Your best course of action is to stay calm, be polite, and request to speak with a lawyer.

If you have been stopped, questioned, or are facing charges, the legal advice you receive can make all the difference. Our team at Christopher Hannay Legal Solutions is here to provide confidential, expert guidance. Contact us today to discuss your situation and get the help you need.

📞 0414 478 551 (24/7 Emergency)
📧 goldcoast@chlegalsolutions.com.au

Local Offices

📍 Southport: 13 Hicks Street, Southport QLD 4215 | 07 5666 5665
📍 Beaudesert: 2/30 William St, Beaudesert QLD 4285 | 07 5666 5660

We serve clients across the Gold Coast, Southport, Beaudesert and throughout Queensland. Contact us today.