The police have approached you, and they say they want to ask you a few questions. Should you agree, or do you exercise your right to silence and say nothing at all?
A police interview can be both formal and informal. It can range from a casual chat to a recorded formal interview. Even seemingly casual conversations can have detrimental impacts on your case.
It is important to note that you don’t have to agree to an interview. Before considering providing any evidence, seek legal advice now.
The right to silence
The right to silence means that you are not obliged to answer police questions. It is essentially the legal right not to engage in police questioning. This protects your right against self-incrimination, balances police powers, and prevents miscarriages of justice.
The right to silence is linked to broader ideas of personal freedom and freedom of speech; it extends beyond mere silence. It supports your presumption of innocence. This cluster of protections is designed to keep trials fair.
Police questioning is linked to conviction rates, making the right to silence even more crucial for you.
What the police can do if you stay quiet
If you stay silent, the police can continue investigating the crime. They can only charge you based on other evidence.
What the police can’t do if you stay quiet
The police cannot charge you for staying silent. Additionally, they generally cannot treat silence itself as proof of guilt.
The role of a lawyer
A quick call to a lawyer is often the safest first step when police want to speak to you, especially when approached to participate in a police interview. Your criminal lawyer will be able to advise you on what to say, ensure tactics are not misleading you and that your rights are protected.
Agreeing to an interview may seem harmless, but police interviews are a legal minefield. Exercising your right to silence and getting a lawyer is often the most brilliant move.
What happens if I speak to the police and incriminate myself?
When police caution you, they are protecting the admissibility of anything that you say. If you speak after being cautioned and incriminate yourself, your words then become evidence.
However, the evidence may be excluded if the initial caution was not appropriately given, you did not understand it, or you felt pressured, threatened or misled.
Police tactics
Police are trained to use tactics to elicit information from you and often ask questions to build a case against you.
Some tactics include:
- Implying cooperation will help your case.
- Noting that they are just trying to help clear up the situation.
- Creating a perception that you will not be charged when they have already decided.
- Try to get you into the interview room, just for you to decline the interview. They may continue to ask questions and proceed with the interview.
Police can record everything you say, and everything you say can be used against you later. What seems harmless in the moment can be legally significant. Often, you’ll find yourself not wanting to do an interview, but the police will keep using their tactics until they get the information they need. It would then turn out that they have been recording the whole conversation. You are much better off with a lawyer.
Contact us now if you have been asked to participate in a police interview or speak to the police.
At Australian Criminal Law Group, we offer a free first consultation. This is an excellent opportunity to meet one of our experienced and proven criminal lawyers face-to-face, share the details about your case, and ask any questions you might have. All first consultations are obligation-free and conducted in the strictest confidence. You can read more about our first free consultation here.
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