Being interviewed by police? Speak to a lawyer first
Attending a police station to participate in a video-recorded interview can be very daunting. You will only be asked to do this if you are being interviewed in relation to an indictable offence.
If police pull you over for a summary offence (such as drink driving), you will not be asked to participate in a video-recorded interview. You will be questioned on the side of the road, and you will either receive an infringement notice on the spot or be advised that you will receive a summons in the mail.
When questioning you about a summary offence, a police officer can record the conversation. They are not required to inform you that you are being recorded unless it relates to an indictable offence.
When being questioned about an indictable offence, the police must caution you about your rights and record that caution. If they do not, anything you say will likely be deemed inadmissible later in Court. You do not have to answer questions, and you must be given the opportunity to speak to a lawyer. Different rules apply to summary offences.
You should always seek legal advice before participating in a video-recorded interview. Police now use DVD recorders when conducting a record of interview. Whatever you say during the interview may be used against you later to prove their case.
Even if all the witnesses were to later die and their statements lost, the police would only need your answers on the record of interview DVD to prove their case. What you say in interview is very important.
Should I make comment or no comment in my police interview?
During the interview, you should either make comment interview by participating openly during the record of interview or make no comment, answering none of the questions put to you by police. If you answer some questions and then answer no comment to others, in some circumstances, juries are permitted to make inferences against you when you answer in this manner. Although this approach should be avoided, it is always preferable to making admissions.
You should also know that there is no such thing as an “off-the-record” conversation with police. If your intention is to say nothing to police during the recorded interview, that should also apply to any conversation that you have with any police member at any time regarding the alleged offence.
There is no straightforward answer to whether you should make comment or make no comment during a record of interview. If you are unsure or nervous about making comment during your interview, then you should err on the side of caution and make a straight no comment interview.
There are some circumstances where a comment interview might be helpful. If you participate in an interview, you may not be required to give evidence later. This can have huge advantages. Sometimes, making a comment interview may mean you are provided the opportunity of diversion, for example.
Nonetheless, many recorded interviews we have listened to have not been helpful for the participants but have only assisted the police in proving their case.
Seek advice from a lawyer before deciding to make comment or no comment
Whether to make a comment or no comment interview is not a decision that should be taken lightly. There can be serious ramifications for making the wrong choice, and it should only be made after detailed consultation with a lawyer.
If you have been asked to participate in a record of interview, seek urgent legal advice. Call our office to discuss your case with a criminal lawyer today. If police have charged you immediately following your interview, click here for more information about what to do when you are charged.
