Introduction

Receiving a subpoena from police or a court can be unsettling, particularly if you have never been involved in legal proceedings before. Many people assume that receiving a subpoena means they are suspected of committing a criminal offence. In most cases, this is not true.

A subpoena is a legal document requiring a person to produce documents, attend court to give evidence, or both. It is commonly used in criminal proceedings to ensure the court has access to relevant evidence before making a decision.

Whether you are a witness, a business owner, a doctor, a school, an employer or an ordinary member of the public, understanding your obligations under a subpoena is essential. Ignoring a subpoena or failing to comply without a lawful excuse can have serious legal consequences.

This article explains what a police subpoena is, why you may receive one, what happens next, and how legal advice can help protect your rights.

What Is a Subpoena?

A subpoena is a formal court order requiring a person or organisation to:

• Attend court to give evidence.
• Produce documents or records.
• Attend court and produce documents.

Although police often request that a subpoena be issued, subpoenas are generally issued by a court as part of legal proceedings.

They are commonly used in criminal cases but may also be issued in civil and other legal matters.

Why Have I Received a Subpoena?

There are many reasons why someone may receive a subpoena.

Common examples include:

• You witnessed an incident.
• You hold CCTV footage.
• You possess business records.
• You are a treating doctor.
• You have financial records.
• You have telephone or internet records.
• You are an employer with employment records.
• You have information relevant to the case.

Receiving a subpoena does not necessarily mean you have done anything wrong.

Types of Police Subpoenas

Subpoenas generally fall into three categories.

Subpoena to Produce:

This requires documents or other material to be provided to the court.

Examples include:

• Medical records
• Bank statements
• CCTV footage
• Employment files
• Business records
• Phone records
• Digital communications.

Subpoena to Give Evidence:

This requires a person to attend court and give evidence as a witness.

Subpoena for Production and Attendance:

Some subpoenas require both attendance at court and production of documents.

What Documents Might Be Requested?

Police frequently seek documents such as:

• Emails
• Contracts
• Invoices
• Medical files
• Employment records
• Security footage
• Photographs
• Financial records
• Mobile phone records
• Electronic communications.

The subpoena will specify precisely what is required.

Do I Have to Comply?

Generally, yes.

A subpoena is a court order.

Ignoring it without lawful excuse may result in:

• Court orders compelling compliance.
• Fines.
• Contempt of court proceedings.
• Other legal consequences.

However, there are situations where legal objections may be available.

Can a Subpoena Be Challenged?

Yes.

There are circumstances where a subpoena may be challenged or limited.

Possible objections include:

• The request is too broad.
• The documents are irrelevant.
• Legal professional privilege applies.
• Public interest immunity applies.
• The subpoena is oppressive.
• Confidentiality concerns.

Legal advice should be obtained before refusing to comply.

What Happens if I Must Attend Court?

If required to attend court:

• Arrive early.
• Bring any required documents.
• Dress appropriately.
• Listen carefully to each question.
• Answer truthfully.
• Do not guess if you do not know the answer.
• Ask for clarification if you do not understand a question.

Witnesses generally answer questions from both parties.

Can I Refuse to Answer Questions?

Sometimes.

A witness may have legal rights regarding:

• Self-incrimination.
• Legal professional privilege.
• Confidential information.
• Public interest immunity.

These issues can be complex, and legal advice should be obtained where appropriate.

What Is Conduct Money?

Many subpoenas are accompanied by “conduct money.”

Conduct money is intended to assist with reasonable costs associated with complying with the subpoena.

Depending on the circumstances, this may include:

• Travel expenses.
• Parking.
• Photocopying.
• Administrative costs.

If substantial compliance costs are involved, additional arrangements may sometimes be necessary.

What Happens to the Documents?

Documents produced under subpoena do not automatically become public.

Usually:

• The court receives the material.
• Parties may inspect the documents with the court’s permission.
• The court determines whether the documents are relevant.
• Some documents may remain confidential.

Strict court procedures govern access to subpoenaed material.

Can Electronic Records Be Requested?

Yes.

Modern subpoenas frequently seek electronic information including:

• Emails.
• Text messages.
• Cloud storage.
• Computer files.
• CCTV downloads.
• Mobile phone data.
• Social media records.

Businesses should ensure electronic records are preserved once a subpoena is received.

What Happens if Documents Are Lost?

If requested documents no longer exist:

• Do not create replacement records.
• Do not alter existing documents.
• Inform your solicitor.
• Explain the circumstances honestly if required.

Destroying documents after receiving a subpoena may have serious legal consequences.

Common Mistakes People Make

Some common mistakes include:

• Ignoring the subpoena.
• Missing deadlines.
• Destroying documents.
• Altering records.
• Assuming the subpoena can be disregarded.
• Speaking with other witnesses about evidence.
• Failing to obtain legal advice.

These mistakes can complicate otherwise straightforward matters.

Police Investigations and Subpoenas

Police often rely upon subpoenas to obtain evidence that cannot otherwise be accessed.

Examples include:

• Bank records.
• Hospital records.
• Business documents.
• Telephone data.
• CCTV footage.
• Expert reports.

Subpoenas assist the court in determining the facts fairly.

Why Early Legal Advice Matters

Although many subpoena recipients are simply witnesses, legal advice may be important where:

• Confidential documents are involved.
• Privilege issues arise.
• Large volumes of documents are requested.
• You are concerned about self-incrimination.
• Commercially sensitive information is involved.
• You are unsure how to comply.

Early legal advice can prevent costly mistakes and ensure your legal obligations are properly understood.

How Aquarius Lawyers Can Help

Aquarius Lawyers regularly advises individuals, professionals and businesses responding to subpoenas throughout Australia.

Our experienced litigation and criminal law team can assist with:

• Reviewing subpoenas.
• Advising on compliance obligations.
• Challenging overly broad subpoenas.
• Claims of legal professional privilege.
• Court appearances.
• Witness preparation.
• Criminal proceedings.
• Civil litigation.

If you have received a subpoena from police or the court, do not ignore it. Obtaining legal advice early can help protect your rights while ensuring you comply with your legal obligations.