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The Police wish to speak with me. Do I need to answer their questions? January 5, 2012

Posted by andersonslawblog in Andersons Solicitors, Criminal Law, General News, Major Crimes, Police Matters, Traffic Offences.
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You find yourself as a person of interest with the Police and they wish to speak with you.

At this time the Police should caution you. This is where the Police indicate to you that “you do not have to answer any questions. Any answer you may provide may be used against you.”

This is a very important caution and it is a question that you must carefully consider.

Quite often people find themselves facing criminal charges with the sole evidence being relied upon by the Police being the answers provided by you.

This is why the caution provided by Police is so important in the carriage of criminal justice. So much so, that the Police record the answers to the above questions.

But should you answer Police questions?

As a rule it is always pertinent to be polite and cordial with Police.  After all they are doing a very difficult job.

However, it is important to not be intimidated by the situation and think about what it is that the Police are saying to you.

You should always remember that if you are being questioned immediately following an event that results in injuries or damage, you may not feel 100%. You may wish to have someone else like a lawyer or family member present, all of which you are entitled to.

The Police are not allowed to intimidate you into answering any questions you do not wish to. In the normal course of events, if you do not wish to speak to Police, all that is required from you is that you decline to answer any questions until you have had a chance to speak to a lawyer.

The only questions that you are required to answer at law are your name, address, date of birth and it is an offence not to nominate a driver of a vehicle when asked by police.

No detriment can be held toward you for enforcing your right not to answer further questions.

At Andersons we have a dedicated team of professionals with experience in all criminal and Police matters. We understand that the criminal justice system can be daunting and intimidating which is why our team will assist you through all aspects of your matter from interviews with Police to dealing and liaising with Prosecution, and working through the Court process.

Visit our Criminal Department for more information on the Andersons Criminal & Police matters team or get in touch with the writers of this blog, Jason Coluccio and Maddalena Romano for a chat or to seek advice and assistance.

Please note, this Blog is posted in Adelaide, South Australia. It relates to South Australian legislation.

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Comments»

1. I hurt someone in a car accident? Will I go to jail? « ANDERSONS LAW BLOG - January 17, 2012

[...] Then you are approached by police about allegations of the way you were driving. The police are alleging that you were speeding prior to the accident.  You should be aware that anything that you do say to police can be used against you.  So it’s important that you are aware of your rights when speaking to police. For more info on this, see our blog on “speaking with police”. [...]


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