What are my rights in a police interview?
If the police suspect you of having committed or being involved in a crime, they may ask you to participate in an interview. Anything you say during this interview can be used as evidence against you if the matter goes to court. Therefore, it is important that you understand your rights and seek advice from the best criminal lawyer in Brisbane.
Do I have the right to remain silent?
Under the Police Powers and Responsibilities Act 2000, you have the right to remain silent or say ‘no comment’ when questioned by the police. However, you can be compelled to give your name, address and date of birth in order for the police can establish your identity. You may commit an offence if you refuse to answer basic identity questions.
You may also commit an offence if you refuse to answer questions in relation to witnessing an accident.
If you are charged and the matter proceeds to court, the jury must be instructed that your silence can’t be held against you: that is, that they must not assume from your silence that you are guilty of the crime.
Do I have to accompany police to the station?
If the police formally arrest you for an offence, or formally detain you for questioning about an indictable offence, you must accompany them. You must also go with the police if you are required to take a breath test or blood test in relation to a drink or drug driving offence.
Unless you are formally arrested or detained, you do not have to accompany the police to the station. However, anything you say to the police can be used in evidence even if you are not at the police station. Even if you are talking to them in an open area or your own home, they may use what you say to decide whether to arrest or charge you.
Therefore, it is always best to remain silent until you have had a chance to talk to a lawyer. The best criminal lawyers in Brisbane will be able to explain your rights to you and help you decide whether it is in your best interests to consent to an interview.
When at the station, you still have the right to remain silent. If you are arrested, the police can detain you for up to 8 hours and can question you for up to 4 hours during that time. The police may get a court order extending the period of detention.
What happens in a police interview?
A police interview can be held either in a formal setting, like the police station, or in a less formal setting, like your house. You are allowed a support person at the interview, as well as a lawyer. Your lawyer cannot interfere in the interview by answering questions on your behalf or giving you the answers, but they can ask to clarify a question or object to the way a question is asked.
Before you agree to a police interview it is vital to get legal advice. You may talk to a lawyer before the interview, including while you are detained.
Contact Hounsell Cunningham to speak to the best criminal lawyers in Brisbane before you make the decision. Having a lawyer with you can help keep things on track as well as providing emotional support. Lawyers are trained to identify inappropriate questions and ask for clarity.
The interview must be recorded electronically so that you and the police have an official record of the conversation. If you confess or admit to any crime, the police must also write this down and read it back to you to check that you agree with the words.
If you have impaired capacity to understand, are a minor or are under the influence of drugs or alcohol, additional rules apply. For example, a minor cannot be questioned without a responsible adult present. This is to ensure that you are answering the questions of your own free will and not because of mistake or intimidation.
Remember that if the police approach you, you are only required to answer basic questions to establish your identity. If they ask you to participate in an interview, seek legal advice immediately. Until you have had chance to consult with the best criminal lawyers in Brisbane, exercise your right to remain silent. This will help you protect your rights.