Police interviews are a common tactic used when investigating the commission of an offence. Police can often ask a person to participate in an interview, or answer questions about a suspected offence.
This will generally take place during the investigation stage of a complaint to police about a criminal offence. It is important to understand your rights, when faced with this situation.
The following information, should be kept in mind:
- Participation is voluntary. As seen in the movies, an accused person has a right to remain silent, to avoid self-incrimination. Any information that is disclosed to police can be used against them at a later stage. No adverse interest can be drawn against you if you decide not to participate in an interview. You can simply say to the police that you do not wish to answer any questions. If questioned, the only information that is required to be provided is your name, date of birth and residential address.
- Participating in an interview does not mean that the police will not charge you. We actually find that participating in an interview often results in charges being laid, generally due to admissions made to police, although charges can also result after the police conclude their investigation after speaking to other potential witnesses.
- Police interviews can happen anywhere. They do not necessarily always take place in a formal setting such as a police station. Police can ask you questions in an informal setting such as on the street, or after pulling you over in your car. Even if you think your conversation with police is informal and confidential, it is not.
- If you are being questioned about an “indictable offence”, the police must tell you that you are able to contact a lawyer or support person, and must delay questioning you until such time that your lawyer or support person can attend.
If you have been contacted by police in relation to a criminal offence, it is imperative that you engage an experienced criminal defence lawyer at an early stage, to ensure that your rights are protected. You should seek legal advice before deciding to participate in an interview or make any admissions. We are always able to liaise and communicate with the police on your behalf.
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For further information, please contact our friendly team at Coates Davey Solicitors by phone on 07 3181 5668 or email [email protected].