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Police Interviews in NSW
Do I have to attend a police interview if requested?
No. If the police believe you have information about a crime, they
may ask you to attend a police interview; but you do not have to
attend. Only if you have been arrested can you be forced to attend.
In any case, you should always contact a criminal lawyer before
participating in a police interview. He or she can advise you about
your interview rights and/or sit with you during the interview.
Can I be arrested for questioning if I’m not a suspect?
No. You can only be arrested if you are suspected of an offence.
Police can’t arrest you just because you might know something about
an offence. However, if someone else is charged, the Court may send
a document (called a ‘subpoena’) requiring you to: (a) attend that
person’s hearing to give evidence as a witness, or (b) produce
requested documents if they are in your possession, custody or
control.
Can I be arrested if I am a suspect?
Yes. You can be arrested if you are suspected of an offence. The
police will then take you to the police station for questioning,
after which they will decide whether or not to charge you with an
offence. If they decide to charge you, police will then determine
whether or not you should be released on bail. If you are not
released on bail, you or a solicitor on your behalf will need to
make a bail application before the Court, which usually occurs the
next morning.
Do I have to answer police questions?
Whether you attend voluntarily or after being arrested, you will
have a ‘right to remain silent’ at the police station. This means
that you do not have to answer questions about the alleged offence,
except in certain limited cases (see Do I have to answer questions
when approached by police?). In fact, you should not answer police
questions until you have contacted a criminal lawyer for advice.
This is because the answers you give police can later be used in
Court against you, possibly making it harder to defend your case. So
give your name, address and date of birth and do not answer any
other questions until you have obtained legal advice.
What is an ERISP?
‘ERISP’ stands for Electronically Recorded Interview of a Suspected
Person. It is a record of a suspect’s interview by police at the
police station, and may be recorded on audiotape, videotape or both.
If you are required to sit for an ERISP, you should give your name,
address and date of birth, but should not answer any other questions
until you have contacted a criminal lawyer. You should not give any
written statements or sign any documents, other than your bail form.
Am I free to leave the police station at any time?
If you are not under arrest, you are free to leave the police
station at any time. However, if you are arrested, police can detain
you for up to 4 hours for questioning before they must either (a)
release you, (b) charge you with an offence, or (c) get permission
from a Magistrate or Justice of the Peace to hold you for up to 4
more hours (see How long can I be held in custody?).
How can a solicitor help me?
Upon being called for a police interview or arrested, you should
contact a solicitor (lawyer) who is familiar with the criminal law.
He or she can:
• advise you of your rights;
• explain any charges against you;
• explain your alternatives;
• attend a police interview with you;
• make a bail application for you in Court (if you are refused bail
by police); and
• represent you at your Court hearing.
For personalised advice and/or Court representation:
CONTACT US NOW
For more information, see:
http://laws.lawsociety.com.au/legalhelp/answers/arrest/print_index.html
http://www.austlii.edu.au/au/other/liac/hot_topic/hottopic/1999/3/9.html
http://www.lawlink.nsw.gov.au/crd.nsf/pages/community4 |
