Speech is silver, silence is gold.
A police interview is an important component of the police investigation. The police use the interview if they suspect you have committed a crime with the hope of getting admissions or inconsistencies from you to help their case. The police interview is audio-visually (in some instances just audio) recorded and exhibited to the police brief of evidence.
In this article, I offer some general tips on how to properly handle a police interview.
Get Legal Advice
You should get legal advice once you become aware that the police want to interview you. People often mistakenly believe they can handle the police interview without receiving advice and later regret their responses. There are some advantages to speaking with a lawyer -
1. Your lawyer can explain the process to you, so you know what to expect.
2. Your lawyer will speak with the police before the interview to gather some information about the allegations.
3. Your lawyer will arrange an appropriate time for you to attend the police station for an interview. You should avoid attending an interview at night or on the weekend.
4. Your lawyer will explain the advantages and disadvantages of answering questions.
In some instances, it is prudent to ask your lawyer to attend the police interview with you to make sure you do not inadvertently forfeit your rights.
Don't be in a Rush
Don't answer questions during an interview just so you can quickly get out of the police station. By being impatient, you risk saying something which can harm your defence later on.
Take your time and remember your rights.
Be Polite
You should be polite to police because you will not gain anything by being argumentative or rude. The interview is audio-visually recorded and will be shown to a Magistrate or jury. You want to leave a good impression on people watching your police interview.
'No Comment' versus Providing a Comment
If you decide to answer questions during your police interview, it is important you are certain of your version of events. Police officers are trained investigators and ask questions in a way to disarm you. It is important you receive legal advice before offering your version of events.
Police will try to illicit answers from people by telling them this is their only opportunity to explain their side of the story. This is not true, you may give your version in Court in the witness box. This is a forensic decision your legal team will make during your trial or hearing.
Call me on 0431 915 148 if you need tailored advice about a police interview.