Your Rights - QLD
Do I have the right to silence when dealing with police?
Yes. People have the right to refuse to answer questions from police. The only information you are obliged to provide to police is your name, address and date of birth: ss 40-43 Police powers and responsibilities act 2000(qld)
No negative inference can be drawn from you exercising your right to silence. This can’t later be used as evidence of your guilt: ss 415, 418 Police powers and responsibilities act 2000(qld)
Do I have any other rights when being questioned by police?
If police indicate that they wish to question you about an offence it is important to remember that you have the right to telephone a relative or friend to tell them where you are and ask for them to be present during your questioning. Section 418 of the Police Powers Responsibilities Act (Qld)requires police to give you the opportunity to do this.
You should also be given the chance to call a lawyer for some advice or to attempt to arrange for them to attend the station while you are questioned. Police must delay questioning you for a reasonable time to allow your lawyer or support person to arrive.
It is always a good idea to speak to a lawyer before participating in an interview with police.
Section 419 Police Powers Responsibility Act (Qld)recognises that you can have a friend or relative present when you are questioned. Your support person is able to give you advice and support throughout your interview and can only be excluded if they unreasonably interfere in the police process.
Under s 438 of the Police Powers Responsibility Act (Qld)you must be provided with a copy of any recorded interview within 7 days of it taking place. This is important evidence that you should keep and show to your lawyer.
发表于 2016-5-24 00:09
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