FREE Legal Advice
Welcome to the Free Legal Advice page.
The Australian Defence Lawyers Alliance wish to help you find the right information about legal matters in your state.
Please note, that if you require legal representation, you should consult the ADLA representative nearest you.
Advantages and disadvantages of taking part in an interview
If you are being interviewed by the police, the following information will be useful to you.
- Your denial if accepted may mean that
police do not charge you with a criminal offence.
- Your version may be more readily accepted by the court because you told the
police what you knew at the time of your arrest and before seeing the witness statements.
- The court must take into account your remorse when sentencing you.
- Failure to answer a question may be an offence.
Police often do not have enough evidence against the suspect to prove the offence when they question them. You may say something that may help the
police prove the case against you.
- Providing a version of events to
police often will not influence the
police officers decision to issue a court attendance notice or not.
- The interview process can often be very stressful and this may lead you to be confused or mistaken about what actually occurred. Often suspects who are interviewed will give an incorrect version of events and after reading the witness statements they remember what occured. It is always difficult for an accused person to convince a court that they were mistaken about the facts and have not changed their evidence to support their case.
- If you are going to implicate others in the crime, there may be repercussions especially if you are likely to remain in custody.
Information that may assist you in making the decision
You or your solicitor may be able to obtain information from the
police officer investigating your matter. Details in respect of the following matters may assist you making this decision:
- Whether participation in a record of interview will effect their decision re issuing a court attendance notice?
- The evidence the
police have against you? (ask them to show you the evidence)
- Whether you are likely to be granted bail?
- Whether it is an offence to fail to provide an answer to any question?
Do's and Dont's
- Ask why you are being arrested
- Give your name and address
- Ask the police for a telephone so you can contact a Solicitor(it is not an automatic right but you can request the use of a telephone)
- Ask for bail
- Be polite
* If you are under 18 years of age you must have an adult you trust present.
- Answer any questions except to give your name and address
- (if you are the owner of a car or trailer you must give information which would lead to the driver if you are asked)
- Make any statements in writing
- Make any statements in words
- Sign anything
- Plead guilty to anything (even if they tell you to) unless you have spoken to a solicitor
- Resist arrest
- Be abusive or impolite (most of them are just doing their job)