A record of interview is a serious matter. A request for one means that the police consider you a suspect. If you were not a suspect you would not be asked to participate in an interview.
Police Warning
“Before I ask you any questions I must tell you that you have the right to remain silent. This means you do not have to say anything, answer any question or make any statement unless you wish to do so.
However, if you do say something or make a statement, it may later be used as evidence.
Do you understand?”
Police Powers and Responsibilities Regulation 2012, Schedule 9
There is inherent unfairness in an interview.
- You are in the unfamiliar surrounds of a police station.
- You are being interviewed by experienced police officers that are trained to get admissions from you.
- There will be at least two police officers asking you questions.
- The room is fitted with electronic recording equipment that is unfamiliar to you.
- The interview is conducted by way of questions being asked by the police and answers being given by you.
Police Interviews – The Law
In Queensland the law recognises that there is unfairness in the process and legislated that before the police officer starts to question a suspect for an indictable offence they must inform them that:
- They may telephone or speak to a friend or relative to inform the person of their whereabouts and ask the person to be present.
- They may telephone or speak to a lawyer of their choice and arrange for the lawyer to be present during the questioning.
- The questioning may be delayed for the friend, relative or lawyer to attend.
Relative or Friend.
“You have the right to telephone or speak to a friend or relative to inform that person where you are and to ask him or her to be present during questioning.”
Police Powers and Responsibilities Regulation 2012, Schedule 9
Lawyer of your Choice.
“You also have the right to telephone or speak to a lawyer of your choice to inform the lawyer where you are and to arrange or attempt to arrange for the lawyer to be present during questioning.”
Police Powers and Responsibilities Regulation 2012, Schedule 9
The Police Powers and Responsibilities Act also provides that the police officer must provide reasonable facilities to enable the person to speak with the lawyer.
Delay for a reasonable time.
“If you want to telephone or speak to any of these people, questioning will be delayed for a reasonable time for that purpose.
Is there anyone you wish to telephone or speak to?”
Police Powers and Responsibilities Regulation 2012, Schedule 9
If requested the police officer must delay the questioning for a reasonable time to allow the person to arrive.
What Should You Do?
If you are considering participating in an interview you should exercise your right to contact a solicitor of your choice and ask them to attend the police station. You are then entitled to have the questioning delayed until your solicitor has attended the station. Both you and the solicitor can then engage in a confidential conversation and consider whether an interview would be of assistance to you. This time can be used to gather your thoughts and ensure that what you say is correct.
An experienced criminal lawyer can participate in the interview and ensure that it is conducted fairly and that no improper or prejudicial questions are put to you. It is much easier for the lawyer to do this during the interview than at some later court hearing.
As criminal lawyers we understand the elements of criminal offences and the defences that are available. While the arresting officer may not be interested in eliciting your defence to the charge, your solicitor will be proactively ensuring that this occurs.
If asked to participate in an interview you should:
- Immediately ask to speak to a lawyer;
- Have your solicitor request that the interview is delayed to enable them to attend.
- Speak with your solicitor in private and consider whether the interview would be of benefit to you.
- Arrange for your solicitor to attend the interview to either participate or formally deny participating.
Experienced criminal lawyers are used to dealing with police and can ensure that your rights are protected and minimise your exposure to risk. If you or someone you know has been contacted by police to attend an interview, contact Gatenby Criminal Lawyers urgently on 55800 120.
If you or someone you know has been charged or is about to be charged with a criminal offence, you should contact an experienced criminal lawyer for advice. Your liberty and reputation are too important to be left to chance.
