What should I do if I am arrested?
We strongly suggest you do not participate in an Electronic Record of Interview until you have spoken to us. They police may ask you in forceful terms” “Are you refusing to participate?”. We suggest you state you would like to speak to your lawyer first and give us a call immediately. For a general guidence on this issue please refer to the video here. It is US based guidence but generally applies to Australia as well.
Do I have a right to silence?
During a police interview, you have the right to remain silent and do not have to answer police questions. However, you must provide information regarding your name, address and date of birth. A negative inference cannot be drawn from this silence or used against you in the future. If you do decide to talk to police, it is important that a lawyer accompanies you to assist you in ensuring you do not provide any incriminating information. Please refer to the video link in the "What should I do if I am arrested" FAQ above.
Do I have the right to make a phone call if charged with a criminal offence?
Yes, if you have been charged with an offence, police must provide you with the opportunity to call a friend or relative. You can ask them to be present for the duration of your police interview. However, if they interfere with the process, they will be removed. You also have the right to ask for the opportunity to telephone a lawyer. If police do not provide you with this opportunity, you have the right to delay the police interview until a lawyer can be contacted.
How long can I be detained for?
Under legislation, police cannot detain you for more than 8 hours, unless they have received express permission from a Magistrate or Justice of Peace. While police can detain you for a reasonable period, you cannot be interviewed for more than 4 hours.
