People are all too often taken off guard when they return home from work to find a “calling card” from Police or get a knock on the door from officers wanting an interview.
A very common reaction seems to be alarm, concern and even an unaccountable feeling of guilt, even though most times there is no logical reason for it.
“What have I done?” “What do they want?” “What it is about?” are among the questions that go through our minds when confronted by such a situation. But it may help alleviate some of the fears to know exactly what your rights are when Police end up unexpectedly at your door wanting to ask questions. Here are some valuable general tips:
- In Western Australia you have a fundamental right to silence.
- The ONLY questions you are legally obligated to answer are:
- Your full name;
- Your birthdate; and
- Your address.
You can refuse to answer any other question Police ask.
- If Police ask you to attend a Police Station for questioning you can refuse. If they want you to attend a Police Station, they must arrest you before you are obliged to attend.
- Once under arrest and at the Police Station you can refuse to participate in any written statement, Video Record of Interview (VROI) or Electronic Record of Interview (EROI). However, YOU MUST STILL ANSWER THE 3 BASIC QUESTIONS ABOVE REGARDLESS.
- Refusing to answer Police enquiries or not attending a Police station when not under arrest is NOT an implied admission of guilt!
- Police cannot (and should not) try to coerce, bully or manipulate (for example, playing ‘Good Cop/Bad Cop’) you into answering their queries. If you feel any of these you have the right to stop answering questions.
- Most lawyers will be happy to attend Police interviews with you at short notice on request.
If you are seeking further legal advice on this issue or require assistance, please contact Appius Lawyers and speak to one of our experienced solicitors.
