What are my rights in a recorded police interview?

If it is suspected that an accused has committed an indictable criminal offence, the police may conduct a formal record of interview in which they will put allegations to the accused, and give the accused a chance to respond to them. These interviews are recorded, and the responses an accused gives will determine whether or not charges are ultimately laid.

Right to Communicate with a lawyer, and a friend or relative

At any time during the interview, an accused can request to speak to a lawyer, and/or a friend or relative to let them know their wherabouts. This right should always be exercised.

Right to give a no comment interview.

In most circumstances an accused has the right to refuse to answer questions. This means that each question, apart from questions relating to their name and address, can be answered with silence, or the words "no comment".  If an accused chooses to answer no comment to any question, it is importantto answer no comment to all questions. It is inadvisable to answer some questions and not others, as this can lead to an inference of a conciousness of guilt.

Right not to do something asked by police.

An accused does not have to take part in an ID parade, or allow photos to be taken of their face or other parts of their body. Police can apply to the court to take a photo if an accused refuses to allow one to be taken.


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