Being arrested, detained and interviewed by police is no doubt a frightening process. However our criminal justice system is designed to protect the rights of its citizens. With Taylor & Scott’s expertise on your side, you can be assured that your part in the criminal process will be as painless as possible. Our qualified and experienced lawyers can offer thorough explanation of police procedures and stand as an advocate for your rights throughout the entire process.
To perform a lawful arrest, a police officer must have reasonable grounds to believe that the arrested person committed an offence. The arrested person must also be informed of the substance of the offence with which they are charged and certain rights to which they are entitled. The police are not allowed to arrest and detain someone purely for the purpose of questioning them.
The police only have the power to detain an arrested person for a maximum of four hours, during which they may conduct an interview. Some interviews must be electronically recorded in order to be admissible in later criminal proceedings.
One of the most important rights you have in a police interview is the right to silence. If you choose to remain silent, this cannot later be used as an admission of guilt in any criminal proceedings.
It is a requirement under the Law Enforcement (Powers and Procedures) Act 2002 (NSW) that the detainee be allowed to contact a friend or relative and a legal practitioner. The detainee must also be allowed to consult with their friend, relative or legal practitioner in private. A legal practitioner may be present in a police interview to advise the detainee.
If the detainee is not an Australian citizen or permanent resident, they have a right to contact the consular official of their country. An interpreter must also be provided if the detainee is unable to communicate in English.
Certain members of society are considered more vulnerable than others, therefore greater protections are afforded to children under the age of 18, the intellectually disabled, Aboriginal persons and Torres Strait Islanders. Vulnerable persons are entitled to have a support person as well as a legal representative present during a police interview. For a child, their support person will generally be a parent or guardian, however a child over the age of 16 may have any adult of their choice present as a support person. Any statements made by a child during a police interview in which there was no support person or legal representative present, will not be admissible in criminal proceedings.
Your rights when arrested and taken to a police station in New South Wales
Once you have been detained, the police are required by law to comply with the following safeguards:
- As soon as practicable after you have been detained the police are to caution you and provide you with a summary of your rights and certain police powers;
- Before any investigative procedure starts the custody manager must inform you orally and in writing that you are able to communicate with a friend, relative, independent person or legal practitioner.
- The custody manager must provide you with reasonable facilities to communicate with a friend, relative, independent person or legal practitioner if you request.
- The custody manager must defer any investigative procedure which you are to participate until a friend, relative, independent person or legal practitioner arrives at the police station;
- You must be advised that a friend, relative, independent person or legal practitioner is seeking information about the whereabouts of the detained person.
- You have the right to an interpreter.
- You have the right to medical attention.
- You have the right to reasonable refreshments and facilities.
Should you be interviewed by Police
The decision as to whether to take part in an interview is often a difficult one to make and there are often advantages and disadvantages of doing so. Each case is unique and our advice often varies from case to case whether someone should take part in an interview or not. Please contact us for further advice.
Fingerprints, Photographs, Medical Examinations & DNA
A police officer may take all particulars that are necessary to identify a person who is in lawful custody for an offence. If the person is over 14 years of age, the particulars may include fingerprints, palm prints and photograph.
DNA
There are a number of forensic procedures that may be carried out on a suspect. These vary from taking a photograph of someone to taking swabs from someone. There are different rules relating to different procedures. Generally the more intrusive these procedures are the more accountability is placed upon police.
The experienced lawyers at Taylor & Scott can ensure that you are not taken advantage of during a police interview. As an independent presence familiar with police procedures and tactics, our lawyers can protect you from making unnecessary statements as a result of coercion or pressure. We can alleviate some of the fears associated with being part of the criminal process by explaining the process, making sure you understand your rights, and providing professional support through this difficult time.
Key Contacts:
At Taylor and Scott Lawyers, we care for you. Contact Jayne O’Sullivan on 1800 600 664 or email us by filling the contact box on the right of this page.