As a resident of New South Wales, it’s important to understand your rights and what to expect in an NSW police interrogation. A police interrogation, or police interview, is a formal process where the police question you about your knowledge of certain events. It is usually related to a criminal investigation.
Purpose of a Police Interrogation
The main purpose of a police interrogation is to obtain your version of events. Also, the police will determine your level of involvement, if any, in the alleged criminal activity. The police may want to interview you as a suspect, witness, or simply someone who may have information.
Your Rights During an Interrogation
When participating in a police interrogation in NSW, you have several important rights:
1. Right to silence: You have the right to refuse to answer any questions, except for providing your name, date of birth, and address. A court cannot use you remaining silent against you in court.
2. Right to legal representation: You have the right to have a lawyer present during the NSW police interrogation. If you cannot afford a lawyer, the police may provide you with a free legal aid lawyer.
3. Right to an interpreter: If you do not understand English well, you have the right to have an interpreter.
4. Right to contact a friend or relative: You have the right to contact a friend or relative to let them know where you are.
5. Right to privacy from the media: Your identity and details are private from the media.
Format of an NSW Police Interrogation
Police interrogations in NSW can take place at the police station, your home, a public setting. Additionally, they may take place in prison if you are already serving a sentence. The police will typically record the interrogation, both audio and video. Police will also take extensive notes.
Before the interrogation begins, the police will explain your rights to you and provide you with a caution. This caution ensures that you understand that you don’t have to answer any questions. However, whatever you do say will be recorded and may be used as evidence in court.
During the interrogation, the police will question you about the alleged criminal activity and try to get your version of events. They may also present you with evidence that contradicts your account and try to get you to change your story.
Consequences of Not Participating in an NSW police Interrogation
If you choose not to participate in a police interrogation, there may be consequences:
1. Refusal to answer questions: While you have the right to remain silent, the police may view your silence as uncooperative and it could potentially be used against you in court.
2. Bail considerations: If you are arrested and charged with a crime, your refusal to participate in an interrogation may be taken into account when the police are deciding whether to grant you bail.
3. Potential charges: If you have information relevant to a criminal investigation and refuse to provide it to the police, you may be charged with an offence such as concealing a serious indictable offence.
Seeking Legal Advice
Before participating in an NSW police interrogation, it is highly recommended that you seek legal advice from a criminal lawyer. A lawyer can advise you on whether to participate in the interrogation. They can also advice on what questions to answer or avoid, and how to protect your rights throughout the process.
Remember, while the police may try to convince you to participate in an interrogation, you have the right to refuse. You should seek legal advice first. If you are unsure about your rights, or the consequences of participating in an interrogation, do not hesitate to contact us.
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If you or someone you know needs criminal defence or help, get in touch with our criminal lawyers today. To get in touch, please call (02) 9261 4281, or email .
