One of the most common questions that lawyers receive when dealing with criminal matters is ‘Do I have to talk to police?’
Generally speaking the police have different powers for certain situations. Often the police will have the right to ask you basic information about yourself such as your name and address. This information would not ordinarily put you out and will show that you are willing to cooperate with the police.
If you are asked for more or further information about your involvement in any matter, you have the right to absolute silence, once you have given your name and address.
Sometimes you will be asked to go to the station for questioning. If the police have a warrant you may have to go to the station or let the police into your home. You still do not have to give any other information other than your name and address. If the police have a warrant to search your home, you must not obstruct the police in their duty.
You may be asked to do a video record of interview (VORI). It is generally not advisable to give a VORI until you have spoken to a lawyer first!! If you participate in a VORI your statement, how you appear, any mistakes you make and any admissions you make CAN BE PLAYED IN COURT as direct evidence against you!
When police caution you they will usually advise you that you can speak to a lawyer first and before they start a VORI or take notes. Always ask to speak to a lawyer and never say anything until you have spoken to a lawyer.
If you can’t get hold of a lawyer it is better to wait before offering any statement to police.
'What if I'm arrested?'
The above applies even if you are arrested. The police have the right to detain you for a certain length of time before they either charge you or release you without a charge.
If you are arrested the police can either grant you bail or refuse you bail for a Magistrate to determine whether you get bail. Usually you will be brought straight away to court to face a Magistrate. On some weekends and public holidays, you may have to wait for the following day before you can apply for bail.
If you are refused bail by police it is advisable to contact a lawyer to give them instructions for bail.
