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Police Questioning and Arrest |
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You must give your correct name, address and date of birth and details of owners and drivers of a vehicle when asked by police. You should not answer any further questions until you have spoken with a lawyer.
It is best to be polite when providing the above information but you do not need to answer further questions. It cannot be held against you in court that you declined to answer further questions. Sometimes the police may invite you to go to the police station to discuss the matter. You do not have to go to the policed station unless you are being arrested.
The police may only arrest a person they reasonably suspect has committed an offence. The police may use as much force as is reasonably necessary to make an arrest. It is an offence to hinder a police office in the execution of their duty so it is best not to resist an arrest. It is reasonable for a person to ask why they are being arrested. It is possible to take action at a later time for wrongful arrest.
As soon as possible after making an arrest the police must advise the person of their right to remain silent; their right to contact a friend or relative and their right to contact a lawyer.
Apart from giving their name address and date of birth the arrested person should make it clear to the police that they do not wish to answer any questions. If they have spoken to a lawyer and been advised not to answer questions the arrested person should tell the police that they have received legal advice not to answer questions. It is important that once the arrested person has declined to answer questions that they maintain that position. It is unwise to answer some questions and not others. The arrested person should not make any statements or sign any statements without first having legal advice. Sometimes the police may offer enticements for giving a statement such as saying that it will be more likely that the person will get bail if they provide a statement. This is not a good reason to provide a statement without first having legal advice.
A non-English speaking person has the right to have an interpreter.
Children and Aboriginal people have additional rights relating to arrest and questioning.
The Police do not have to arrest someone they have charged with an offence they may issue them with a summons to appear in court.
A person charged with an offence should ensure they receive a copy of the charges and any bail agreement from the police. These documents should be taken with the person when seeking legal advice.
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