Question under obligation to answer
When asked, it is an offense not to answer truthfully to the following
– Name
– Address
– Date of birth
Right of an accused person
Except for certain circumstances, a suspect is not under any obligation to answer police questions relating to investigation. This is the right against self incrimination. Where the suspect remains silent, the prosecution cannot assert that the accused’s silence is evidence of guilt.
When under arrest, these are the rights of the accused person –
– Be informed of the crime accused of
– Be warned that answers provided can be used as evidence for the prosecution
– Right to a lawyer
– Right to a interpreter, if necessary
MAINTAINING SILENCE
In Western Australia, except for certain specified circumstances, the accused has the right to maintain silence. The police is obliged to inform the accused of the questions that he or she is obliged to answer the questions, and to those that the accused is not obliged to.
When an accused has decided to maintain silent, it is best to make this clear to the investigating officer, and that he or she will only answer to those that the accused is legally bound to answer. The accused should also request the police to make clear which of the questions are those that the accused is legally bound to answer.
COMPLETE SILENCE
If you are uncertain about your legal position or involvement in a suspected offence, it is best to stay complete silence except for those questions that you are told that you are legally bound to answer. This may be the best course to take before consulting a lawyer.
It may be wise to err on the side of caution than to offer an answer that might be used against you to contradict any statement you may subsequently made. You should consult your lawyer at the first available opportunity. Any communication between you and your lawyer is protected under legal privilege and your lawyer is under professional duty to maintain confidentiality – as such, you should be as open to your lawyer as possible so that your lawyer can advise you on the best course of action to take.
It cannot be ruled out that the police still lacks evidence and is hoping that your answers might help to complete their case against you. Alternatively, the police is getting your statement to tie you to our certain version of facts, and this prevents you from changing your story in court when you have had the benefit of legal advice.
Where you believe that you are the subject of a police investigation, it is best remain silence until you have consulted with your legal advisor.
It is a important remain calm even if the if you are experiencing great stress from unfamiliar surrounding and not knowing what will happen next. Staying calm is important so that you not rushing into any answer that you might regret later or holding your ground to remain silence.
SELECTIVELY ANSWERING
It is not advisable to engage in selective answering. The prosecution might play back the video recording of the interview in which you answer some and seem to avoid other questions. The impression to the judge or jury watching this might not be positive. This might create the appearance that the accused person is evasive and negatively affecting the court’s perception of the accused.
REMAND
The police cannot remand you indefinitely. If the detention is for more than six hours, approval from senior officer is required to extend for a further six hours. Further remand of an additional 8 hours require approval from a judge
An accused person having been charged can apply to the police for bail, and if refused, apply to the court.