It is is important to understand your rights and obligations when it comes to dealing with a police officer. Not understanding your rights and obligations can lead to you being unfairly treated or even worse, arrested and charged when it could have been avoided. Some frequently asked questions are below.

Q. Do I need to stop and answer questions when approached by a police officer?

Generally, you are not compelled by law to stop and answer questions of a police officer. You are always under an obligation to provide your personal details as far as your name, date of birth and address are concerned. If you are the driver or owner of a particular vehicle, in most circumstances you need to advise the police, when asked, who was driving the particular vehicle at a particular time and the names of any passengers in the vehicle.

You are not obliged or compelled by law to answer any further questions from a member of the police force. Further, police do not have a general power to arrest a person for the purpose of questioning. Police should only arrest someone if they have the intention of charging them.

Q. Do I have to go to attend a police station at the request of police?

No, unless you are under arrest. Further, it is sometimes advisable to attend a police station if you are aware that a warrant has been issued for your arrest. However, depending on the circumstances, you should always seek legal advice before attending any police station.

Q. Do I need to answer any questions if I am under arrest?

No. The best advice is to not answer any police questions unless you have sought legal advice, especially if you are under arrest or being questioned in relation what might be a criminal investigation.

Once you are arrested, police officers are then meant to caution you and advise you of your “right to silence”. People under arrest often start answering questions even after they have accepted their right to silence, not realising that they are answering questions as though they are having an informal conversation with a police officer. A common technique used by police officers can be as follows:

“You are under arrest for [name of charge/allegation], you are not obliged to say or do anything but anything you say or do may be used as evidence against you, understand?”

“Yes”

“Now what can you tell me about ….?”

Q. Should I answer police questions?

Again, you are advised to seek legal advice if you have been arrested, before answering police questions. Although it is usually the safest option not to say anything at all, in some situations, it might be advisable to answer questions if you are sure that there is nothing to worry about and answering a few simple questions will likely put an end to the matter.

However, oftentimes police do not have enough information to prove a case against someone and it is the information they obtain from the person that allows them to mount a case. Further, people often think that they are assisting their own cause by “assisting” police. Under stressful situations, it is easy to make mistakes when being questioned or to inadvertently tell police what they want to hear, rather than what you want to say. This can sometimes lead to being charged for an offense you haven’t committed or never realised you had committed.

Q. Do I have to participate in an interview? Should I participate in an interview?

No. Again, the same issues arise when giving a interview as when answering police questions when under arrest. In many circumstances, accused people end up helping the police mount a case against them, rather than getting themselves out of trouble. Police often have already decided that they are going to charge you or have already charged you when it gets to the point of offering a record of interview.

If the police have charged you or are going to charge you with a criminal offence, you are usually best advised to save your defense or tactics for the courtroom. It is for the police to prove all elements of an offence against you – they do not need your help!

Further, if you decline to participate in a record of interview, contrary to what some police officers will tell you, you do not have to have the refusal recorded.

Q. How long can the police keep me under arrest?

Generally, the police can only keep you for a total of 4 hours (not including timeouts) to complete the charging process. Unless they refuse you bail or have an application to extend the time granted by a judicial officer, they must release you. If after questioning you they decide not to press charges, they should release you once they have made that decision.

Q. Do I have to participate in a line-up?

No. The police are however obliged to offer it to you. If you refuse, then they can use other means to try and identify you, such as photographs.

Q. Do I have to give DNA sample, fingerprints or allow the police to take a photo of me?

There are different ways that police can obtain DNA samples. Depending on the type of offence, among other factors, the police may require your consent or the authorisation of a senior officer before taking the sample.

A solicitor can advise you on the type of procedure to be carried out and your rights in relation to such. It is usually advisable not to consent. This does not mean that once you have done so, you should not allow the taking of the sample.

Generally, the police are allowed to take fingerprints and photographs upon you being charged.

Should I resist arrest if I don’t think I should be getting arrested?

No. It is always advisable to be polite to police, compliant to the extent that your rights are not being infringed upon and never resist a police officer if they are attempting to arrest you. It may well be that you feel that they do not have a valid to reason to place you under arrest, however it is always safer to comply with the police in this regard. You may also be charged with resist arrest.

Author Bio: Emmanuel Apokis has many years experience in Criminal Law working with the experienced Criminal Lawyers at Prime Lawyers in Sydney.

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