It may be in a person's best interests to make a statement after receiving legal advice, for example, where a person has a valid explanation. Often a written record will be made of an interview and the person will be asked to read and sign it. A person should always read the record of interview first and refuse to sign if the police will not allow it to be read. If a person does not agree that he or she said things contained in the record of interview, the person should ask that they be corrected. These should then be initialled by the person. A person should always be careful because if they sign a statement, they are considered to be agreeing with its contents. There is no obligation to read or sign a record of interview.

In court the police usually read out the record of interview, or the video tape of the record of interview is shown. Often a copy of the transcript will be tendered to the court.

A person may be asked a number of questions about the interview and the way it was taken (even if the person refused to sign it). For example, whether the statement was given voluntarily, and whether the person signed it. This happens very rarely today however as there is an obligation on the police to video and audio all records of interview and such questions will be on the tape. (see below). Even if unsigned, if the person indicates it was given voluntarily and is accurate it may be held as an admissible, voluntary and an accurate record of interview.

Under the Summary Offences Act 1953 if a person is charged with an indictable offence (generally, an indictable offence is an offence punishable by more than five years imprisonment or a dishonesty offence involving $2500 or more) the police must, if it is reasonably practicable, record the interview on video or audio tape [Summary Offences Act 1953 s 74D]. Even if an accused does not wish to answer questions the police may ask the accused to state this on tape. The police cannot force a person to be video taped or audio taped and a person who does not wish to be taped should simply tell this to the police. If a person refuses to allow the interview to be recorded, the police may ask him or her to sign a form confirming the refusal. This is not unusual.

If asked, the police must allow a person to see the video tape at a reasonable time and place arranged by the investigating officer. Upon payment of a fee the police must give a copy of the audio soundtrack to the person although a copy of the video does not have to be provided.

A video tape is obviously the best evidence because it records exactly what everybody said, and allows the court to see the demeanour and behaviour of all parties to the interview. It does not of course record anything said or done by parties when the video recorder is not switched on.