If you are being interviewed in relation to an indictable offence, your interview will be video recorded via a DVD recorder.
If you are being questioned in relation to a summary offence, the police may record the conversation, however you will not be asked to attend the station for a video recorded interview.
In circumstances where the charge is indictable, and you are going to participate in a record of interview, we highly recommend speaking to a lawyer so that they can best assist you in your specific circumstances.
Record of Interview
If you attend the interview, you must tell the police officer your name and address. If you do not provide them with this basic information, you could be fined.
At the commencement of the interview, the police officer has a duty to inform you of your rights.
What are my rights?
- You do not have to answer any of the questions asked of you – you cannot get in trouble for refusing to answer a particular question
- Anything you say could be used as evidence against you, should the matter progress to court
- You can contact a family member or friend to advise them of your whereabouts
- You may contact a lawyer prior to the commencement of the interview
You will be given reasonable time to contact a family member, relative or lawyer prior to the commencement of the interview.
Should the police officer not comply with the above requirements, your answers to the questions could be considered inadmissible. If your answers are considered inadmissible, it means that they will not be able to be used in court.
Whatever you say in the interview could be used against in the context of future proceedings
You should seek legal guidance prior to participating in a video recorded interview. If you say something throughout the interview that the police believe will help them prove their case against you, they will undoubtedly use it. Therefore, you need to be extremely careful when deciding what to tell the police officer.
Should I make comment or no comment in my police interview?
In the interview, you have two options:
- Make a comment interview – where you openly answer the questions or
- Make a no comment interview – where you do not answer any of the police’s questions
The decision to make a comment or no comment interview is entirely dependent on your circumstances. Our lawyers can use their legal expertise to determine which option is the most beneficial in your specific context.
Email us at info@icaalaw.com or call us today to book your appointment on 03) 98424474
Important Disclaimer: The content of this posted article is general in nature and for reference only. The content does not constitute legal advice. Legal advice about your specific circumstances should always be obtained before taking any action in your particular circumstances.
