RIGHT TO SPEAK WITH A LAWYER

  • Search Warrants
  • Without Search Warrants
  • What to do if contacted by Police
  • Police Questioning
  • Where a Police Officer demands your name & address
  • Right to Speak With a Lawyer
  • Right to Silence

Before a police officer starts to question you for an indictable offence, the police officer must advise you that you may—

  1. telephone or speak to a friend or relative to inform the person of your whereabouts and ask the person to be present during questioning; and
  2. telephone or speak to a lawyer of your choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning.

The police officer must delay the questioning for a reasonable time to allow you to telephone or speak to a friend or lawyer.

If you arrange for someone to be present, the police officer must delay the questioning for a reasonable time to allow the other person to arrive. What is a reasonable time to delay questioning to allow a friend, relative or lawyer to arrive at the place of questioning will depend on the particular circumstances, including, for example—

  1. how far the person has to travel to the place; and
  2. when the person indicated he or she would arrive at the place.

Unless special circumstances exist, a delay of more than 2 hours may be unreasonable.

The first act you should do at arriving at the Police Station is ask to speak with a lawyer.

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