By Wiseman Lawyers Head of Crime Special Counsel Marshall Bostock

Phone: 0420102404

Email: marshall@wisemanlawyers.com.au

Introduction

During an investigation, police may invite you to answer questions or begin asking questions without a formal introduction. The questions may appear straightforward or harmless, but every answer can have legal consequences.

This guide explains the two common types of police interview, why police conduct interviews, and what you should do before deciding whether to participate.

Assume that any conversation with police may be recorded. Police are generally instructed to record the exercise of their powers and interviews concerning suspected offences. An officer who is part of the conversation may not need to tell you that recording is taking place.

Field Interviews

Most police officers carry at least one recording device. This is commonly a body-worn camera attached to an officer’s clothing. Some officers, particularly those in plain clothes, may use a small digital audio recorder. Mobile phones, smart glasses and watches may also be capable of recording an interaction.

A field interview may begin when an officer activates a recording device and starts asking questions. Depending on the circumstances and the applicable law, the recording and your answers may be used as evidence in court.

A body-worn camera may capture more than the conversation. It can also record the surrounding area, your clothing, your actions and your manner of speaking. This may be particularly relevant where police allege recent drug or alcohol use.

Formal Recorded Interviews

A formal recorded interview usually takes place in a dedicated interview room. The process is commonly structured as follows:

§  Preparation and planning: Police prepare the room, activate the recording equipment and identify the questions they intend to ask.

§  Explanation: Police should explain the offence or matter being investigated.

§  Your account: You may be invited to describe what happened in your own words.

§  Clarification and challenge: Police may ask detailed follow-up questions, test parts of your account, refer to other evidence and put allegations to you.

§  Evaluation: After the interview, police assess your answers together with the other available evidence.

Why Do Police Conduct Interviews?

The purpose of a police interview is to gather evidence for a criminal proceeding.

You may hear statements such as the following. Whatever words are used, treat the conversation as evidence-gathering:

§  “We just want to ask a couple of questions.” Even an apparently informal conversation may produce evidence.

§  “We want to hear your side of the story.” Your answers may be tested against other evidence and may include statements that are adverse to your interests.

§  “This is just between us.” Do not assume that anything said to police is confidential or off the record.

§  “We are not treating you as a suspect.” Your status may change as the investigation develops.

§  “We are not concerned about any minor offences.” An officer’s statement may not amount to immunity from prosecution, and your answers may still be used against you.

Before answering further questions, pause and obtain legal advice.

What Should I Do if Police Ask Me Questions?

If police ask you to take part in an interview or answer questions beyond basic identifying details, tell them that you want to speak with a lawyer before responding.

A recorded police interview can carry serious legal consequences. You should assume that recording equipment may be operating and that your words, actions and presentation may later be reviewed.

A person suspected of an offence generally has a right to silence. Exercising that right is not, by itself, proof of guilt. You can obtain legal advice and later decide whether to participate in an interview. However, once something has been said, it may be difficult —or impossible— to undo its effect.

The safest approach is to speak with your lawyer first, understand your options and decide carefully whether an interview is in your interests.

If police ask you to participate in an interview, contact Wiseman Lawyers on 0420102404 and ask to speak with Special Counsel Marshall Bostock before answering questions.

Alternatively, email Marshall directly at marshall@wisemanlawyers.com.au