The only question you have to answer from the police is your name and address. That's it. Not a word more.
The risks of answering some questions but not others
It is extremely important that an accused person who makes a decision not to answer questions (apart from the ones that are required by law) should stick to that decision, rather than answer some questions and not others.
Answering questions selectively, that is, answering some and refusing to answer others, may later be interpreted by a court as consciousness of guilt.
If a person decides to make a statement, a lawyer should always be consulted first so that the statement can be made in the presence of a lawyer or prepared with the help of a lawyer and then given to police. It may be in a person’s best interest to make a statement, for example, where a person has a valid explanation. However, this should only be done after obtaining legal advice.
The police are experts at getting information from people. A person may be told 'it will be easier if you make a statement', or 'bail will be granted more quickly if a statement is made'. Do not fall for tricks such as 'a co-offender has told us the whole story'. Any incentives offered by the police should be ignored if the person does not wish to answer questions.
Written and verbal statements can be used in evidence. Any conversation with the police can be used in evidence. Hence any suggestion that a conversation between a suspect and the police is 'off the record' should be ignored.
Police can also listen to and note down conversations held by a person with anyone else, except a lawyer, and use it later in evidence against the person.
All police interviews are required to be recorded – this should be by video (audio visual) but can be an audio or written record. The record of interview (whether written or transcript from a video or audio record) is usually presented as evidence in court if the charge or charges proceed to trial.
Where a written record is made of an interview the person interviewed will be asked to read and sign it. There is no obligation to read or sign a record of interview.
You should always read the record of interview before signing and can refuse to sign if the police will not allow it you to read it.
Even if unsigned, if you indicate to the court that it was given voluntarily and is accurate, it may be held as an admissible, voluntary and accurate record of interview.
What if I want corrections made?
If you do not agree with information contained in the record of interview, you should ask that it be corrected. Any changes you have requested should then be initialled by you. Caution should always be taken when signing a statement as you are considered to be agreeing with all its contents when you sign.
The risks of answering some questions but not others
It is extremely important that an accused person who makes a decision not to answer questions (apart from the ones that are required by law) should stick to that decision, rather than answer some questions and not others.
Answering questions selectively, that is, answering some and refusing to answer others, may later be interpreted by a court as consciousness of guilt.
If a person decides to make a statement, a lawyer should always be consulted first so that the statement can be made in the presence of a lawyer or prepared with the help of a lawyer and then given to police. It may be in a person’s best interest to make a statement, for example, where a person has a valid explanation. However, this should only be done after obtaining legal advice.
The police are experts at getting information from people. A person may be told 'it will be easier if you make a statement', or 'bail will be granted more quickly if a statement is made'. Do not fall for tricks such as 'a co-offender has told us the whole story'. Any incentives offered by the police should be ignored if the person does not wish to answer questions.
Written and verbal statements can be used in evidence. Any conversation with the police can be used in evidence. Hence any suggestion that a conversation between a suspect and the police is 'off the record' should be ignored.
Police can also listen to and note down conversations held by a person with anyone else, except a lawyer, and use it later in evidence against the person.
All police interviews are required to be recorded – this should be by video (audio visual) but can be an audio or written record. The record of interview (whether written or transcript from a video or audio record) is usually presented as evidence in court if the charge or charges proceed to trial.
Where a written record is made of an interview the person interviewed will be asked to read and sign it. There is no obligation to read or sign a record of interview.
You should always read the record of interview before signing and can refuse to sign if the police will not allow it you to read it.
Even if unsigned, if you indicate to the court that it was given voluntarily and is accurate, it may be held as an admissible, voluntary and accurate record of interview.
What if I want corrections made?
If you do not agree with information contained in the record of interview, you should ask that it be corrected. Any changes you have requested should then be initialled by you. Caution should always be taken when signing a statement as you are considered to be agreeing with all its contents when you sign.
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