A record of interview is a serious matter. A request for one means that the police consider you a suspect. If you were not a suspect you would not be asked to participate in an interview.
There is inherent unfairness in an interview.
In Queensland the law recognises that there is unfairness in the process and legislated that before the police officer starts to question a suspect for an indictable offence they must inform them that:
If requested the police officer must delay the questioning for a reasonable time to allow the person to arrive.
The Police Powers and Responsibilities Act also provides that the police officer must provide reasonable facilities to enable the person to speak with the lawyer.
If you are considering participating in an interview you should exercise your right to contact a solicitor of your choice and ask them to attend the police station.
You are then entitled to have the questioning delayed until your solicitor has attended the station. Both you and the solicitor can then engage in a confidential conversation and consider whether an interview would be of assistance to you. This time can be used to gather your thoughts and ensure that what you say is correct.
An experienced criminal lawyer can participate in the interview and ensure that it is conducted fairly and that no improper or prejudicial questions are put to you. It is much easier for the lawyer to do this during the interview than at some later court hearing.
As criminal lawyers we understand the elements of criminal offences and the defences that are available. While the arresting officer may not be interested in eliciting your defence to the charge, your solicitor will be proactively ensuring that this occurs.
If asked to participate in an interview you should:
Experienced criminal lawyers are used to dealing with police and can ensure that your rights are protected and minimise your exposure to risk.
There is inherent unfairness in an interview.
- You are in the unfamiliar surrounds of a police station.
- You are being interviewed by experienced police officers that are trained to get admissions from you.
- There will be at least two police officers asking you questions.
- The room is fitted with electronic recording equipment that is unfamiliar to you.
- The interview is conducted by way of questions being asked by the police and answers being given by you.
In Queensland the law recognises that there is unfairness in the process and legislated that before the police officer starts to question a suspect for an indictable offence they must inform them that:
- They may telephone or speak to a friend or relative to inform the person of their whereabouts and ask the person to be present.
- They may telephone or speak to a lawyer of their choice and arrange for the lawyer to be present during the questioning.
If requested the police officer must delay the questioning for a reasonable time to allow the person to arrive.
The Police Powers and Responsibilities Act also provides that the police officer must provide reasonable facilities to enable the person to speak with the lawyer.
If you are considering participating in an interview you should exercise your right to contact a solicitor of your choice and ask them to attend the police station.
You are then entitled to have the questioning delayed until your solicitor has attended the station. Both you and the solicitor can then engage in a confidential conversation and consider whether an interview would be of assistance to you. This time can be used to gather your thoughts and ensure that what you say is correct.
An experienced criminal lawyer can participate in the interview and ensure that it is conducted fairly and that no improper or prejudicial questions are put to you. It is much easier for the lawyer to do this during the interview than at some later court hearing.
As criminal lawyers we understand the elements of criminal offences and the defences that are available. While the arresting officer may not be interested in eliciting your defence to the charge, your solicitor will be proactively ensuring that this occurs.
If asked to participate in an interview you should:
- Immediately ask to speak to a lawyer;
- Have your solicitor request that the interview is delayed to enable them to attend.
- Speak with your solicitor in private and consider whether the interview would be of benefit to you.
- Arrange for your solicitor to attend the interview.
Experienced criminal lawyers are used to dealing with police and can ensure that your rights are protected and minimise your exposure to risk.
Criminal law is a unique and complex area of legal practice. It requires an understanding of a myriad of relevant laws, court procedure and an ability to advocate on behalf of your client.
Michael Gatenby established Gatenby Criminal Lawyers as a boutique criminal law firm to provide strategic representation for those charged with criminal or traffic offences. We understand criminal practice, its all we do.
When your liberty and reputation is at stake, you should demand a lawyer with the skills and commitment to provide your fearless defence.
Visit our website http://www.gatenbylaw.com.au or contact us for advice (07)55800120. We regularly appear in all Queensland Courts and travel interstate
Michael Gatenby established Gatenby Criminal Lawyers as a boutique criminal law firm to provide strategic representation for those charged with criminal or traffic offences. We understand criminal practice, its all we do.
When your liberty and reputation is at stake, you should demand a lawyer with the skills and commitment to provide your fearless defence.
Visit our website http://www.gatenbylaw.com.au or contact us for advice (07)55800120. We regularly appear in all Queensland Courts and travel interstate
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