Police Interviews: Your Rights and Legal Options
If cats could talk they would never speak to police.
Police Interviews - The Legal Framework
When the police call you for an interview, it's crucial to understand the legal framework that governs police interviews. In Victoria, the Criminal Procedure Act, Crimes Act, and Jury Directions Act set out the legal procedures that police must follow during an interview.
Do I have to talk to the Police?
You have the right to remain silent, and you do not have to talk to the police. If you decide to speak with the police, anything you say can be used against you in court. Therefore, it's essential to have a clear understanding of the potential consequences of speaking with the police and to seek legal advice before agreeing to an interview.
Can I call a Lawyer in the interview?
You have the right to call a lawyer before the interview, and it's recommended that you do so. A lawyer can advise you on your legal rights and options, including whether you should attend the interview or provide a written statement instead. If you decide to attend the interview, your lawyer can accompany you and ensure that your rights are protected.
Can police charge me after the interview?
Yes, the police can charge you after the interview. Therefore, it's essential to be mindful of what you say during the interview and to seek legal advice before attending the interview. If you're charged, it's important to seek legal representation as soon as possible.
Will the police fingerprint me?
The police may fingerprint you if they suspect you of committing an offence. However, they must follow specific procedures when taking fingerprints, and you have the right to refuse to be fingerprinted. If you're unsure about your rights regarding fingerprinting, it's best to seek legal advice.
Risk of speaking to the police
Admissions
If you speak to the police and make an admission, this can be used as evidence against you in court. Therefore, it's essential to seek legal advice before agreeing to an interview.
Post-offence lies/incriminating conduct
If you tell a lie after the offence has occurred, this may be considered incriminating conduct. However, not all lies are considered incriminating, and the probative value of a lie depends on its nature and the use sought to be made of it. If you're unsure about the potential consequences of speaking to the police, it's best to seek legal advice.
What do I do when Police Call me for an Interview
Firstly call an expert criminal lawyer who can guide you with the best approach to deal with the interview. Remember you have a right to communicate with a legal practitioner after you have been arrested.
Discuss your matter with your lawyer. If you cannot speak to your lawyer or lawyer of your choice you can call any criminal lawyer in Melbourne and someone be able to help you.
Things to remember
What is safe to say in a police interview
It is ok to speak to police about some basic personal details. For example when the police arrest you for a criminal offence they will take you to the police station and asked you some basic questions on a DVD recording machine. They will confirm your name and date of birth for ID purposes and it is ok to confirm those details with them.
They will also ask you some basic questions such as:
Do you agree now the time is 5:50 PM ?
It is ok to agree with that
Similarly they will read out a caution to you and that caution would be:
“You are under arrest and you are not obliged to say or do anything but anything you do or say may be given in evidence you understand that” - Again it is ok to acknowledge that rather than saying no comment
Can I get a copy of police interview
The police must give you a copy of the interview which is generally a DVD labelled as accused copy
What happens after police interview
Depending on the seriousness of the offence and the strength of evidence against you. The Police may do the following:
Release you pending summons
Release you on Bail
Remand you in custody
Take no further action after police interview
Are police interview a public record
No they are not. Police interviews are highly confidential and cannot be released to public.
Conclusion
In summary, if the police call you for an interview by Victoria police, it's essential to understand your rights and legal options. You have the right to remain silent, and it's recommended that you seek legal advice before agreeing to an interview. A criminal lawyer in Melbourne can advise you on your legal rights and options, including whether you should attend the interview or provide a written statement instead. If you're charged, it's crucial to seek legal representation as soon as possible. Remember, anything you say during the interview can be used against you in court.
If you have been called by police for an interview. You can get in touch with us by calling the number below.
