Police Questioning

The right to remain silent is actually the right to remain silent. Even if the police ask you questions directly, you have the right not to answer. You are not obliged to say anything. If you do not want to answer questions, you should just tell the police that you do not want to be questioned at all. The police cannot convict you of a crime just because you do not talk to them. They cannot even assume that you may have done something wrong because you will not answer their questions. The police need to prove your guilt with evidence, and you do not need to prove your innocence. Remember, only the courts can convict.

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It is not a good idea to go into a police interview and choose to refuse to answer some questions, while answering others. This could make your case worse. Likewise, it is best not to go into a police interview and then deny what the police are alleging – the police are the ones who need to prove your involvement in the crime. If you do not want to talk or be questioned, simply tell the police " I do not want to be questioned " rather than saying " no comment " or " no " to every question during the interview . Remember, you do not have to go into the interview room for your refusal to be recorded.

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The police may want to question you to find out what happened, to confirm your involvement in the alleged crime or to discover who else was involved. They may want to show you evidence, such as crime-record images or CCTV footage, to confirm the identity of the offender. This is part of their job and they have the right to ask these questions, but you do not have to answer or provide information unless you want to. The choice is yours.

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Any comments you make or actions you take (including identifying yourself or others on surveillance footage) can be used in court against you or others.

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If you are charged, the police can use the information you give as evidence against you in subsequent court proceedings. This could include court proceedings against you or proceedings against someone else. The information will also be used in ongoing police investigations.

Before deciding whether to answer police questions or conduct a police interview , you should always seek legal advice.

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Sometimes it is in your interest to participate in a cross-examination and your lawyer may advise you to do so – but the lawyer needs to have extensive criminal law experience and be able to fully assess the situation first. Sometimes a cross-examination can lead directly to charges being brought against you and make it more difficult for your lawyer to defend you in court. Therefore, agreeing to participate in a cross-examination may make your case more difficult in legal terms.

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Therefore, it is important that you speak to an experienced criminal defense attorney for legal advice before participating in an interview. If you are unable to contact a lawyer and the police still want to interview you, you should remain silent until you have the opportunity to obtain good legal advice. You should tell the police that you do not wish to be interviewed before speaking to a lawyer.

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Generally speaking, anything you say to the police can be recorded by the police in a statement, which may later be used against you in court.

Generally no. There is no legal obligation to report crime or provide information to the police unless it involves a very serious offence. For very serious offences, if you do not help the police with their investigation, you may be prosecuted for concealment.

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If you do report a crime to the police, or give a statement as a witness, you need to be aware that this means you can be asked to give evidence against the offender in court, you can be subpoenaed (or legally required) to attend, and you may be arrested if you fail to do so.

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This is a bit more complicated. If you are present when a crime is committed, you may well become a suspect, even if you did not actively participate. You should take the situation seriously and assume that you are under investigation. This means that you should remain silent until you have received legal advice.

If you are asked by the police to go to the police station for investigation and questioning, please be sure to contact us before going: P: 02 9223 1999 ; M: 0452 479 223

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