People often believe that if spoken with by police they have to answer questions asked of them. That is not the case.
Whilst there is often a requirement for a person to state their name and address to police, you are not required to answer questions of substance.
A person’s right to silence is a fundamental concept.
It is often said that if you ‘don’t talk, you walk’. Whilst not always ringing true, answering questions and making admissions can often be the best evidence police have on you. Once made, they are very difficult to exclude as evidence.
When dealing with police, always presume any conversation is being recorded. You have a right to speak to a lawyer. You should exercise that right and speak to a lawyer before answering questions asked by police.
If you ever find yourself in this position, call Russo Lawyers for immediate and accurate advice – 1800 558 533.
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