As a lawyer who practices in criminal law I often get asked by people what they should do if the police want to interview them. In this blog post, I will provide some important guidance on what you should do and how you can protect your legal rights if you are interviewed by the police.
Any advice in this blog post I general in nature and you should always consult a lawyer for specific advice if you find yourself in an interview situation.
The most important thing to understand if you are interviewed by police is that you have the right to remain silent. Despite what you may have seen on TV or in the movies this is not a cliché’, it is a fundamental element of the criminal justice system and it protects you against self-incrimination (including inadvertent self-incrimination). Whether you exercise your right to silence is often the determinative factor as to whether you are charged or found guilty of an offence. A high number of criminal convictions are as a result of a confession or partial confession.
Right to silence
The right to remain silent literally means that you do not have to answer any questions the police ask you (except for providing your name and address) and you can simply respond to any questions with “no comment”. If you exercise your right to remain silent it cannot be used against you in court to your disadvantage (such as to imply that you didn’t answer police questions because you are guilty of the allegations).
You may discover that the police want to interview you in several different ways. If you have received a phone call from the police, or a police officer has left a card at your home or workplace requesting you call them, you should seek legal advice before contacting them. A lawyer can contact them on your behalf and seek to determine what the issue is about and whether the police intend to arrest, bail or remand you. These are important things to know before potentially setting foot in a police station.
Police Interview
The police may also approach you in person (at your home, at work or on the street) and request you accompany them to a police station for an interview. If this occurs it is important to remain calm and as composed as possible. You should ask the police whether you are under arrest. If you are not under arrest you have the right to decline the interview and inform the police that you would like to speak with a lawyer before answering any questions. You also have the right to speak to a lawyer and you should request to exercise this right immediately, where you are under arrest.
It is crucial that you exercise your right to remain silent, if you are under arrest. This includes not making any “off the record” comments or discussions with police outside of the interview room, or as you are being transported in a police vehicle – remember nothing is “off the record”.
Police Tactics
It is also important to remember that the police may try to use various tactics to get you to speak to them. For example the police may:
- Try to engage you in small talk so that you become comfortable talking to them before changing the topic to the allegations;
- Try to intimidate you (being in a police interview room is already a very intimidating experience);
- Tell you that the interview is your opportunity to “tell your side of the story”.
It is important to remember that when you are required to participate in a police interview the police are not your friends. They are well trained in interview techniques. Their sole objective in the interview is to gather evidence to support a criminal charge. Your opportunity to tell your side of the story is not when you are sitting alone in a police interview room. Even if you believe that you have nothing to hide, it is always best to speak to a lawyer before answering any questions as the police may use your words against you later.
In summary:
- Your right to silence is real and it is crucial;
- To exercise your right to silence simply answer “no comment” to all questions;
- If you are not under arrest, you do not have to participate in an interview and you should seek legal assistance as soon as possible;
- If you are under arrest remain calm, do not engage in any conversations with the police and request to speak to a lawyer immediately;
- Nothing is “off the record” when it comes to discussions with police (this includes in the interview room, the police car or wherever else questions are being asked);
- Police are trained in interview techniques and may try different approaches to get you to talk; and
- Your opportunity to tell your side of the story is not in a police interview room.
If you require assistance with a criminal law related issue I am here to assist. Please call our Warragul office on (03) 5623 5166 or head to our website to make an appointment.
Authors:
James Cameron – Lawyer
Disclaimer: The information in this post is general in nature. This does not constitute legal advice and should not be relied on as such. Please contact one of our Lawyers if you are seeking advice about a specific legal matter.
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