Questions asked by the police
It is very important that people are aware of their right to remain silent. A person who does not wish to say anything to the police should make that decision clear. The person must state their name and address and tell the police something along the lines of 'I do not wish to say anything further'. If the police ask further questions, the person should repeat 'I do not want to say anything'. If this is the advice received from a lawyer or legal adviser, the person should say 'I do not wish to answer any questions on the advice of my legal adviser'.
If the police do not warn someone of the right to remain silent any evidence gained through questioning may not later be admitted as evidence against the person. Should the police overstep the mark in interviewing a person, again any evidence gained from their questioning may be excluded. For example, if a person indicates that he or she does not want to answer questions but the police ask more questions, or use an inducement such as promising bail in return for cooperation, and answers eventually are given, it is possible that those answers may be excluded.
A person who makes a decision not to answer questions should stick to that decision, rather than answer some questions and not othes. Answering questions selectively, that is, answering some and refusing to answer others, may later be interpreted by a court as a consciousness of guilt. If a person decides to make a statement, a lawyer should always be consulted first so that the statement can be made in the presence of the lawyer or prepared with the help of a lawyer and then given to the police.
An arrested person has a right to be assisted by an interpreter if English is not the person's native language. Of course a person assisted by an interpreter still does not have to answer questions.
It is important to note that there are some questions you must answer. The police should make it clear when they are asking a question you are required to answer.
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Questions asked by the police : Last Revised: Wed Jun 16th 2004 |
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