A police attendance notice does not mean you have been charged or found guilty. If you were properly notified and do not attend without a valid reason, the police may ask a prosecutor to issue a warrant to bring you in (Code of Criminal Procedure, Art. 71-1). Before questioning, police must inform you of the suspected offense, the right to remain silent, and the right to counsel (Arts. 95 and 100-2). Questioning must generally be continuously audio recorded, with video where necessary (Arts. 100-1 and 100-2), and generally may not take place at night (Art. 100-3). A suspect may appoint defense counsel, who may attend and state an opinion, subject to statutory restrictions (Arts. 27 and 245).
What is a police attendance notice?
A judicial police officer may issue a written notice asking a suspect to attend questioning when necessary to investigate a suspected offense and collect evidence (Art. 71-1(1)). The head of the police agency signs the notice. Its required details follow the rules for summonses, including the person’s name, the matter, and the date, time, and place to attend (Arts. 71-1(2) and 71(2)).
A police attendance notice asks a suspect to attend questioning; receiving it does not itself mean that an indictment has been filed. A police interview is not a court trial, but what you say may later become evidence in an investigation or trial.
Can I choose not to attend?
If you have been properly notified and do not appear without a valid reason, police may ask a prosecutor to issue a warrant to bring you in (Art. 71-1(1)). Whether an explanation is valid depends on the facts, such as illness or another important court appointment. If you need a different date, contact the officer handling the matter and confirm the change instead of ignoring the notice.
司法警察官或司法警察，因調查犯罪嫌疑人犯罪情形及蒐集證據之必要，得使用通知書，通知犯罪嫌疑人到場詢問。經合法通知，無正當理由不到場者，得報請檢察官核發拘票（刑事訴訟法第71條之1第1項）。
Unofficial English summary (not an official translation): Under Article 71-1(1), judicial police may notify a suspect to attend questioning when needed to investigate suspected criminal conduct and collect evidence; if a properly notified suspect fails to attend without a valid reason, police may request a warrant from a prosecutor.
What must police tell me, and what are my rights?
Article 95 sets out what must be explained before questioning an accused person. Article 100-2 applies those protections, with necessary changes, when judicial police question a suspect.
- You must be told the suspected offense and told again if it changes (Art. 95(1)(1)).
- You may remain silent and need not make a statement against your will (Art. 95(1)(2)).
- You may appoint defense counsel. Eligible people, including those on low incomes and Indigenous people, may request legal aid (Art. 95(1)(3)).
- You may ask for evidence favorable to you to be investigated (Art. 95(1)(4)).
If counsel is not present and you state that you have appointed counsel, questioning must stop immediately unless you agree to continue (Art. 95(2)).
Can an attorney attend questioning?
Yes. A suspect may appoint defense counsel at any time during a judicial police investigation (Art. 27(1)). Counsel may attend police questioning, take notes, and state an opinion (Art. 245(2)). Attendance may be restricted or prohibited on specified grounds, including risks to state secrets, evidence, witnesses, others’ reputation, or the order of the investigation. The reason must be recorded (Art. 245(2)–(3)). If you are then left without another attorney present, police must again explain your rights to silence and counsel (Art. 245(4)). Counsel must be notified of the questioning date, time and place, except in urgent circumstances (Art. 245(6)).
Will the interview be recorded?
Generally, yes. Questioning must be continuously audio recorded and, where necessary, continuously video recorded. The only exception is an urgent situation, which must be noted in the written record (Arts. 100-1(1) and 100-2). If a written record conflicts with the recording, the conflicting part generally cannot be used as evidence, subject to that urgent exception (Art. 100-1(2)). Read the written record closely before signing and ask for corrections on the spot.
Can police question me at night?
Generally, no. Night means after sunset and before sunrise (Art. 100-3(1), (3)). Exceptions include the interviewee’s express consent, identity checks after an arrest or being brought in at night, permission from a prosecutor or judge, or urgency (Art. 100-3(1)). If you request immediate questioning yourself, police must proceed promptly (Art. 100-3(2)).
What should I prepare before attending?
- Check the matter, date, time, place, and issuing agency on the notice.
- Make a timeline and gather objective records such as receipts, messages, and call logs. Separate what you remember from what you infer.
- You may appoint counsel before attending and ask counsel to accompany you (Art. 27(1)).
- Avoid private contact with other suspects or possible witnesses that could raise concerns about collusion.
When should I seek legal advice?
Consider consulting before attending if the allegation is serious, the notice is unclear, you are unsure how to exercise the right to silence, or others are being investigated with you. Whether the matter is referred onward or prosecuted depends on its facts and evidence. This article is general information, not advice for an individual case.