Does the Investigator Have to Read Me Rights Before an Interview

A record of interview (also known as a police interview), broadly describes a process where law will question a person about a criminal offence they are alleged to take committed.

If police are investigating an indictable offence (e.g., theft, robbery, trafficking, fraud or assault charges), they will acquit a Record of Interview, where the police officer puts the allegations to the person accused of an offence.

Record of Interview: Allegations and Questioning of Suspects

If there are criminal allegations against you, a law officer may ask you to attend a police station for an interview regarding the allegations.

Mostly, this is not an arrest only a "taking into custody". Under the Crimes Act (Vic), police must read yous your rights and, if necessary, explain them before they can question you.

When an interview is over, the law enforcement officer may release you without charge. This can be pending a summons, or bail to attend a courtroom hearing. Sometimes, your respond is sufficient and the consequence will be no charges.

For more information about a record of interview, please see our frequently asked questions.

What Are Your Rights in a Police force Interview?

Before going into a police interview, it is important to understand your rights.

Your rights:

You will have the opportunity to contact a lawyer. Information technology is important to obtain legal communication earlier y'all
commence an interview.
Constabulary must provide an interpreter if you asking one or if your English is limited.
If you are under 18 then a support person (parent, guardian or independent adult) must attend.
If you take a cognitive or mental disability, an independent tertiary person must attend.
The law allows you to refuse to reply whatsoever police interview questions. You have a right to maintain silence and give a "no comment" interview.

Law must:

Inform you in sufficient detail virtually the allegations.
Provide data nearly the circumstances of the alleged incident.

But, law do non need to:

Disclose all information.
Be specific about what offence you lot may take committed.
Tell you if they have obtained witness statements and forensic testify. It is not unusual for investigating officials to take made significant enquiries earlier they question you.

The Police Interview Process – What You Demand to Know

Overview of the Constabulary Interview Process

The police will read out your rights in a 'circumspection'.
- These are for your protection. If you do not understand, ask them to explain in more detail.
- 1 of your rights at this time is to phone call a lawyer. Utilize this correct and call a lawyer straight abroad.
You will be asked for your name and address. You must provide this information.
Questioning.
- After you have provided your proper name and address, you have the correct to remain silent and complete a 'no annotate' interview'.
- If you choose to remain silent, do that for every question and respond with the words, "On legal advice I turn down to answer" or "No annotate".
- If you choose to respond to questions, exist conscientious as your answers can be used against you lot later on. Prosecutors may use your answers to questions in a police interview recording in court.
After the interview, police may:
- Release y'all, without accuse
- Release you lot, and then charge you subsequently
- Release yous, and requite you a observe to appear in court within fourteen days
- Charge yous, just release you on bail
- Charge y'all and go on yous in custody

Police Interview Recordings

For an indictable offence, police are likely to tape the chat using an electronic device. This can be used as evidence in court.

If the law interview you, they will provide a copy of this recording to you.

Be Prepared For a Police Interview and Contact a Lawyer Early

Before attending a record of interview, it is important to think most your arroyo. Ensuring this is discussed with a lawyer prior to attending is paramount, as this will let you to make an informed decision about how to approach the interview. This tin exist peculiarly important in sexual offence cases, likewise as in serious traffic cases, such as culpable driving.

Seeking out legal advice prior to attention means that you lot can carefully consider your options. This may well make a real difference to your power to defend any allegations, if constabulary lay charges against you.

Delight note, even if you plan on making an access in an interview, speaking to a lawyer prior is notwithstanding relevant.

Slades and Parsons: Criminal Law and Defence Experts

Slades & Parsons are highly experienced in giving people communication earlier attending a law interview. Our lawyers will provide audio and sensible communication nearly how you should approach your interview, ensuring you are well equipped before attending.

If you are eligible under the Victoria Legal Aid guidelines, we tin correspond you lot on Legal Assistance funding for an offence punishable by imprisonment.