6-8 William Street, Nambour, Sunshine Coast

The Right to Silence Legislation

When being questioned by persons in authority it is extremely important you seek legal advice. Find out why.

It is extremely important that if you’re being questioned by persons in authority, particularly police officers or an investigator from say Workplace Health & Safety, that you obtain legal advice.

In most instances you’re able to not answer questions, however there are some aspects of the Right to Silence legislation under Common Law that make it an offence not to do so, but also requires you to answer questions and there are certain rules that apply where that provision is invoked against a person because of the legislation that’s applicable.

That is why, before undergoing any interview, it is extremely important for clients that they seek Common Law advice as to their legal rights.

Our experience is that if a person exercises their right to silence under Common Law then in most cases they preserve their position and that is far better than making statements to police or authorities.

Contact our Nambour Common Law lawyers at the Butler McDermott law firm in Sunshine Coast or call Peter Boyce Principal Solicitor directly on 0403 332 221.

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Peter Boyce


Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims


Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Brent King


Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
  • Defamation Claims
  • Contract and Debt Disputes
  • Building and Construction Disputes
  • Planning Matters
  • Criminal Law and Traffic Legal Matters
Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Al Upton


After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.