Criminal Law and Traffic Offences

If the police have contacted you requesting for you to make a statement, it is possible and likely that they consider you a suspect of a crime. In these circumstances, it is important to obtain legal advice prior to attending any police interview. 

Police will generally be using the interview to try and obtain an admission of guilt or fact from the person they are interviewing, in order to strengthen their case and/or press charges.

It is important to know that you have rights when requested to make an interview including:

1. The right to speak to a family member, and/or lawyer prior to your interview; and
2. The right to silence.

While note expressly a legal right, you may request to have your lawyer present during your interview.

Please note that if you do not attend for an interview or to make a statement, police may arrest you if they have enough evidence already to charge you with an offence. Accordingly, it is important that you reasonably comply with any reasonable police request to attend for an interview. However, as the police may be using the interview to gather evidence against you, it is vital that you obtain legal advice prior to attending.

If you have engaged a lawyer, they can speak to the police prior to your interview to find out why the police want to interview you and request for the police disclose any evidence that they may have against you. Your lawyer can then advise about how you should approach your police interview.

It is important to note that you have a right to silence, which is exercised by replying ‘no comment’ to the questions asked by police. Refusing to answer police questions may not be the best way to approach your interview. In circumstances where you refuse to answer police questions but subsequently provide answers in a later statement or to the Court in evidence, adverse inferences may be drawn against you for refusing to answer the questions at the earliest opportunity during your police interview. Similarly, if you answer police questions at your first interview and the evidence is consistent with your statements made to police, this can be viewed positively and can strengthen your case at trial should you be charged with an offence.

However, there are also good reasons why you may wish to exercise your right to silence and give a ‘no comment’ interview to police. These reasons may include being under the influence of drugs or alcohol, suffering severely from mental health issues, or speaking poor English and requiring a translator. If any of these circumstances apply, you may wish to give what is referred to as a ‘no comment’ interview until you are able to get legal advice.

It is important to note that if you have a lawyer, you can request for them to be present during your police interview. However, if your lawyer is present during your interview, they may not be able to represent you in Court if the matter proceeds to trial, as they could be considered a witness if an admission is made during the interview.

For the above reasons, it is vital that you obtain legal advice if the police have requested for you to attend for an interview and make a statement.

If the police have requested for you to attend for an interview, please contact us immediately to schedule a consultation so that we can give you legal advice suited to your specific circumstances.