If the police ask you to participate in an interview, you can decline. Client’s often ask whether they should do so. We will address some of the considerations in this article.
Right to silence
You have a right to remain silent and, for the most part, this cannot be held against you. However, you should be mindful of the following:
- in many circumstances, if a police officer asks your name and address you are obliged to tell them; and
- if you’re questioned in relation to a serious indictable offence (punishable by gaol for five years or more) and you provide a defence later that you could have raised at an earlier opportunity, the court may doubt the veracity of this belated defence.