- 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
Why do the police want to talk to me?
Police investigate complaints that a criminal offence has taken place. Part of their investigative process is to speak to the person suspected of committing the offence. Often police will contact a suspect via telephone or in person.
The police are entitled to tape their conversations with concealed micro-cassette recordings. Everyone in Australia has a right to silence. Exercising your right of silence until you are able to speak with a lawyer will NOT alter your position in court. On the contrary, if you speak and later realize you had made an honest error in recall, this will be used against you in court.
What do I do if Contacted by Police?
Police will want to draw a suspect out on their version of events. This enables police to record any admissions, confirm if a suspect was present at the time of the offence or allow the police to investigate a suspect’s version.
Police may ask questions at any time but may invite you to take part in a recorded interview. Invariably, if you are asked to take part in an interview, you are likely to be charged at the conclusion of the interview.
If you are contacted by police, you should ask to speak to your solicitor before answering any questions.
Do I have to go with Police if they ask me?
You must go with police to the Police Station if you are under arrest.
Police may also detain you pursuant to the Drugs Abuse Act.
The police do not need a warrant to arrest you.
Do I have to let Police into my house or car?
Generally police need a warrant to search your house or car. However, if you agree to let them in, then they may enter.
However, the police may enter your house or car if they reasonably suspect certain offences such as drug offences are taking place.
Do I have to answer questions?
You need only state your name, address and your date of birth. Otherwise, you may avail yourself to your right to silence even if you are arrested.
What do I do if I am arrested?
You should exercise your right to silence whether dealing with police or anyone in the Watchouse.
You should ask to speak to your solicitor.
Be wary of any suggestion that if you agree to answer questions then you will be granted bail.
Police must bring you before a Magistrate within twenty four fours if they are not going to grant you bail. You may then apply for bail from the Magistrate.
If you have not been allowed to see your solicitor, you should tell the Magistrate and ask to see your solicitor.