Vandeleur and Todd Solicitors

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Talking Law with Brett Moller

October 1, 2020 By Vandeleur & Todd

One of the questions most often asked is if I am approached by the Police do I have to answer their questions.

You have the right to remain silent whether you have been stopped in the street, you’ve agreed to go to the police station or you’re under arrest. The Police can use anything you say to them at any time. That is, you don’t have to be at the Police Station giving an interview, and there is no such thing as “off the record”.

The Police may use what you say to decide whether to arrest you or not and if you have made admissions, this can be used against you in court.

The Police can ask you certain questions however and if you refuse to answer you may be breaking the law. The Police can ask you your name and address, your place and date of birth for drug matters, if you are suspected of breaching traffic laws or you have witnessed an accident they have wide powers to gather information and they have the power to ask other questions in relation to for exams Liquor Act offences, drunk and disorderly offences and organized crime offences.

You can’t be forced to go to a Police Station unless you are under arrest and even if you go to the station you still have the right to remain sent.

If you don’t want to answer questions other than what Police can ask you as outlined above, or you are not sure whether you have to or not, then seek legal advice, as this is your right.

Filed Under: News

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  • Innisfail Office: 35 Rankin Street, Innisfail QLD 4860
  • Gordonvale Office:Shop 3, 46 Norman Street, Gordonvale QLD 4865
  • PO Box 862 Innisfail QLD 4860
  • +61 7 4063 5900
  • +61 7 4061 3621
  • office@vandeleurtodd.com.au

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Contact Us

  • Innisfail Office: 35 Rankin Street, Innisfail QLD 4860
  • Gordonvale Office:Shop 3, 46 Norman Street, Gordonvale QLD 4865
  • PO Box 862 Innisfail QLD 4860
  • +61 7 4063 5900
  • +61 7 4061 3621
  • office@vandeleurtodd.com.au

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