Table of Contents Sexual Abuse Defined and Examples of Child...
Read MoreTable of Contents
- The Right to Silence
- When Can Police Question You?
- Exercising Your Right to Legal Representation
- Consequences of Non-Compliance
Can Police Lie To You Australia?
The Australian legal system grants certain rights and protections to individuals when interacting with law enforcement. One crucial aspect of this interaction is police questioning or interrogation. Understanding your legal rights when being questioned by the police is essential for ensuring a fair and just process.
In general, police are not allowed to lie to you in Australia. However, it is not uncommon for police to employ tactics to obtain admissions or false confessions from you.
The Right to Silence
One of the fundamental rights individuals have when interacting with the police in Australia is the right to remain silent. This right is embedded in the common law and is also supported by legislation in various jurisdictions. It means that you have the option to refuse to answer questions when interrogated by police. You can exercise this right at any stage of the interaction, including during informal conversations, formal interviews, or even in a courtroom.
In criminal law, while you have the right to remain silent, you should be respectful and polite in your refusal to answer questions. Being hostile or confrontational may not work in your favour and could potentially complicate the situation.
When Can Police Question You?
In Australia, police officers have the authority to question individuals in a variety of situations. These can include:
Informal Interactions
- Casual conversations in public places.
- Routine traffic stops.
- General inquiries during community events.
Formal Interviews
- When you are taken to a police station for questioning in relation to a specific incident.
- If you are suspected of committing a crime and are in custody.
Exercising Your Right to Legal Representation
Another important right individuals have during police interrogation in Australia is the right to legal representation. You have the right to have a lawyer present during questioning. This is particularly important if you are being interviewed in relation to a serious offense. A lawyer can provide you with legal advice, ensure your rights are protected, and help you navigate the complexities of the legal process.
It’s worth noting that if you cannot afford a lawyer, you may be eligible for legal aid, which provides free or low-cost legal assistance to those who cannot afford to pay for a lawyer.
Detainment and Arrest
If you are detained or arrested by the police, they must inform you of the reason for your detention or arrest. They must also inform you of your right to remain silent and your right to legal representation. It is crucial to cooperate with the police in a calm and respectful manner.
Law enforcement possesses a range of authorities for probing into criminal activities. Under specific circumstances, they hold the capability to conduct searches on your person or property, make arrests, collect your fingerprints or DNA, or issue directives. Frequently, these actions can be taken without the necessity of a warrant.
Should the police instruct you to perform a certain action and you’re uncertain about your obligation, it’s permissible to inquire, ‘Am I obliged to comply?’ In the event that the police affirm that you are required to comply and you choose not to cooperate, you may face charges for non-compliance.
Recording of Interviews
In many jurisdictions in Australia, police interviews are recorded, either through audio or video recording. This is done to ensure transparency and to provide an accurate record of the interview as evidence in court. Moreover, It is your right to request that the interview be recorded, and you should be informed if it is being recorded.
In a “no comment” interview, the accused provides their name and address details and subsequently responds with “no comment” to all ensuing questions. It is of utmost importance that if you choose to adopt this approach, you consistently maintain the “no comment” stance throughout the interview. You cannot selectively respond to certain questions while invoking “no comment” for others. This is because a partial “no comment” interview may potentially be utilised in a manner that is detrimental to your case.
The interview is documented on a DVD, making it advisable to take common-sense measures like grooming and wearing suitable attire before the interview. This step is significant in the process and may be observed by multiple individuals.
Youth and Vulnerable Persons
Special provisions exist for young people and vulnerable persons when it comes to police questioning. These individuals may require additional protections and support during interviews. They must have a parent, guardian, or independent person present during the interview.
AVO Lawyers Sydney
Send An Online Enquiry
“Thank you Lyons Law Group on providing me an
exceptional service delivered with care, compassion
and a high level of professionalism. The outcome
was more than what I had expected. A true
reflection of your legal expertise and experience.
Thank you Mohammad and team.”
Consequences of Non-Compliance
While you have the right to remain silent, it’s important to be aware of potential consequences. In certain situations, where the lawyer is present, a court may draw an adverse inference if you choose not to answer questions. This means that the court may consider your silence as an indication of guilt. However, this is a complex legal area and should be discussed with an experienced criminal lawyer.
If you do not comply with police directions or resist arrest, they can do lay a criminal offence charge of hinder police or resist arrest against you.
Resisting Arrest
This offence, often referred to as “resist arrest” in NSW, encompasses a wider range of situations beyond just the act of arrest itself. It is the most commonly encountered police-related offense. This charge can be contested if it can be successfully argued that the police officer was not acting within their lawful duty.
Hindering Police
Hindering a police investigation is the least severe among the three offences. It is relatively straightforward for police to lay this charge, as it doesn’t require a significant amount of evidence. On occasion, one may be able to effectively convince the police to downgrade a “resist police” charge to an “obstruct police” charge.
Understanding your rights and police powers when facing police interrogation in Australia is crucial for ensuring a fair legal process. The right to remain silent, the right to legal representation, and the right to be informed of the reason for your detention or arrest are all fundamental aspects of the legal system.
If you find yourself in a situation where you are being questioned by the NSW police, it is strongly recommended to seek legal advice and representation to ensure that your rights are protected. Remember, knowledge of your rights is an essential part of upholding the principles of justice in any legal system.
Accordingly, if you have been charged with a serious offence or the police have made an avo application against you, contact our avo lawyers. We will provide you with free legal advice for 15 minutes.
Our Recent Articles
Can You Record a Police Officer In NSW?
Table of Contents The Law Obstructing a Police Officer In...
Read More
First Time Drug Supply Charges NSW
Table of Contents Drug Supply Offences Trafficable vs. Indictable Quantities...
Read More
What Is Circle Sentencing NSW?
Table of Contents Circle Sentencing Legislation Sentencing Options and the...
Read MoreWhat Our Clients Say About Us
Subject: Thank YouDear Mohammad, Hijran and Team at Lyons’s Law,I hope this message finds you well. I want to express my sincere gratitude for your unwavering commitment to my case. Your professionalism, patience, and guidance throughout the process were invaluable and ultimately led to a winning outcome.I fully recommend your services to anyone in need of legal assistance. Thank you once again for everything you've done.Best regards,Trav
Mohammad Khan was outstanding . Highly Professional , compassionate and well versed in the law.. Mohammad instilled confidence and kept us informed the entire time . We highly recommend the firm
Lyons Law Mohammed khan,hijran, and the team have done the fantastic work.The team is really knowledgeable, professional, and capable of doing the law work.I highly recommend Lyons lawyer and especially Mr. Khan.
Lyons lawyers, principal solicitor khan, Hijran and the staff have been absolutely fantastic, friendly and efficient, If you are in need of a law firm that genuinely cares, I highly recommend Lyons lawyers.
I engaged Hijran from Lyons Law. She was fantastic. She studied my case closely, even after understanding my record was well below average She decided to assist me. She conducted herself well, was always prompt, professional and helpful. She explained my best and worst outcome. She worked diligently and got me the best outcome NO CONVICTION!!! I would like to extend my gratitude to Hijran. Thank you so much.
Lyons Law Group provides such a holistic experience. Such exceptional services and could not recommend, Mohammad, Hijran and the team enough. Sound communication and always going above and beyond. The team represented a family member of mine that achieved the best outcome because of the quality of work and time invested into the matter. From my family, to the dream team at Lyons Law Group, thank you!
"Absolutely fantastic lawyer! Enis Erdem is a true professional who handles cases with skill, dedication, and genuine concern for their clients. He kept me informed throughout the entire process, making sure I understood every step. Enis Erdem is not only knowledgeable but also empathetic, which made a stressful legal situation much more manageable. I can't thank him enough for their outstanding work!"Highly recommended
I had Mr khan who is the principal solicitor represent me today, Mr khan fought for me all the way and got me the best result possible. I would highly recommend him for all your law matters and can confidently say that he strives his best for his clients.
I found Lyons Law to be pro-active and easy to work with when dealing with the recent court case of my son.
Mohammad and the team at the Lyons Law Group are a great to work with, they are polite and go above and beyond to help. We are very happy with the assistance they provided our family. I'd highly recommend the team at Lyons Law Group!
Mr Khan has extensive knowledge of the law and I am very much delighted about his service.
Mohamad and Hijran are professional and straight to the point team. Highly recommended.
Mohammad and his time are the greatest criminal lawyers I have dealt with, they are extremely professional and can assist with any cases, big or small.
Mr Khan was so polite and helpful in directing me to the best possible outcome for my situation. The amount of support and knowledge they offered me was next to none. I didn’t feel like I was being mislead or looked at like a piggy bank. Mr khan and his team have your best interest into getting the best outcome. Pleasure guys kind regards Dr bernoussi
Lyons Law Group is honestly outstanding ! Hijran especially, not only is she so professional but she does her best and always is there to answer all questions with such understanding. Hijran honestly goes above and beyond and I'll forever be grateful. I highly recommend Lyons Group.
A big thank you to Lyons law group, very professional. Mohammad was exceptionally well and handled my case amazing as well as Hijran!!! They really care about your case, I highly recommend this company!
I cannot express my gratitude to the Lyons law team with a big special mention to Mohammad. Having spent the last few years enduring and coping with the most difficult and stressful situation of me and my family's life.I have been using Mohammad and the team at Lyons Law from day one. They guided us through each difficult process in the most professional manner with full transparency, care and compassion.Through each difficult process up to the very last moment they only delivered results that exceeded every and anything we could have expected. Every outcome was exactly as planned and in turn got amazing results.So once again I cannot recommend Mohammad and the team at Lyons law enough. So like I and my Family did, have confidence that Lyons law will always strive for and deliver the best possible outcome.
A BIG thank you to Lyons Law Group with helping me achieve the best outcome for my case. From day one they were very professional, straight to the point and very easy to communicate with, keeping me updated and informed with everything I needed to know. Honestly, exceptional service and support.Thank you once again to Mohammad & Team.
Lyons Law Group is amazing. They are very professional, sympathetic, and helpful. I was kept informed during every step. The level of support was second to none. Mohammad went above and beyond and updated me regularly. Hijram too was amazing. Her calls and court representation made me feel at ease. This was a great experience. I cannot recommend Lyons Law Group enough. My gratitude extends to all involved in the handling of my case.
