Quick Answer: Can You Refuse A Police Interview?

How long can police hold you for questioning?

The police can hold you for up to 24 hours before they have to charge you with a crime or release you.

They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder..

What do police say at the beginning of an interview?

When cautioning you at the beginning of the interview the police may say that “you can answer some questions and not others”. If you do answer some questions and not others and you are selective in the questions that you answer, the video recorded interview will be admissible in evidence.

How do I decline a police interview?

Give them identifying information – name, date of birth, and the like – but simply and politely refuse to discuss the case without a lawyer present.

Can you refuse to go in for questioning?

No. Police can ask you to accompany them to a police station for questioning, but you are not required to go unless you have been arrested for an offence. You should speak to a lawyer before you speak to the police. You may arrange for a lawyer or other person to be present during questioning.

Can police charge you without evidence?

It’s wrong for a person to be convicted for an offence without thorough reasoning, therefore solid evidence is needed before a decision is reached. … In fact, you can be charged simply with the intent to commit offences, or if there is reason to believe that you were involved in a crime.

Can the police ask where you are going?

If I get stopped by the police, do I have to answer their questions? Police have the power to stop you in a public place and ask for your name, where you are going and what you are doing. This is known as “Stop and Account”. In most circumstances, you don’t have to stay with the officer or answer their questions.

How do I refuse to answer a police question?

Say “I want to remain silent.” You cannot be arrested or detained for refusing to answer questions. But it can look suspicious to the police if you answer questions and then suddenly stop. Make it your practice to always remain silent.

What does it mean when you tell a cop I don’t answer questions?

If you aren’t truthful to a police officer, the very act of lying means you have committed a crime and that gives them a reason to lock you up. It’s ultimately best that you remain silent instead of giving them a reason to arrest you.

What is a caution +3 interview?

These interviews are often called ‘Caution + 3’ interviews by the police. That is because at the beginning of the interview the officer will read you the caution and remind you of three important things: You have the right to free and independent legal advice. You are not under arrest. You may leave at any time.

What does interview under caution mean?

A police interview under caution is an interview that is conducted in accordance with the Police and Criminal Evidence Act. … The purpose of the caution is to warn you that although you have a right to remain silent, if you do so a jury may draw what is known as an “adverse inference” at any later trial.

What does it mean if the police want to interview you?

Sometimes the police want to speak to someone about a criminal allegation and decide that it is not necessary to arrest that person to interview them. Voluntary interviews can take place in relation to historical sexual abuse, rape or fraud allegations.

What does it mean when the police want to interview you?

“You’re Not Under Arrest; We Just Want to Speak with You” When police begin calling someone at home or work asking for answers to a few questions, it usually means they think the person is connected to a crime.

What questions can police ask you?

They can ask about your name, address and age, or request your I.D. The police must have a reasonable suspicion – meaning a clear, specific and unbiased reason for suspecting that you committed, are committing, or are about to commit a crime. They cannot stop you simply because you “look suspicious.”

What is illegal for cops to do?

Types of misconduct include: coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police brutality, police corruption, racial profiling, unwarranted surveillance, unwarranted searches, and unwarranted seizure of …

What to do if you are questioned by the police?

Keep your hands where the police can see them. Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.

What does no comment mean in a police interview?

your right to silenceThere is no magic to the phrase no comment. It is simply a device for a suspect to indicate that they have no intention of answering police questions. It allows the police to put questions and the interview to progress easily.

Do I have to attend a police interview?

Yes. Just because the police decide to interview you under caution as a volunteer does not mean that it is any less serious than if you were arrested and interviewed.

Where do police interviews take place?

Dealing with suspects – Interviews generally take place in a police station, but can be elsewhere, eg, a prison.

Can you say I don’t answer questions to a cop?

You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

Who can attend a police interview?

This can be a lawyer or another adult. If you are 14 or older, you can choose who you want to call. If you are under 14, the Police will ask your parents or guardian to attend, unless your parents agree that someone else can take the role.

Are all police interviews recorded?

The interview itself is tape recorded and takes place with one or two officers, the defence solicitor and the suspect present. First of all, the police should warn the suspect of the right to silence, and that the contents of the interview can be used against him or her as evidence in a criminal court.