Do I Need a Lawyer?
Do I have to answer police questions?
If you are questioned by a police officer in relation to a possible offence, you are only obliged to inform police of your name and address. Police can also ask for proof of identity.
You should NOT answer any other questions put to you by police until you are able to contact a lawyer.
You should be aware that police will often record their conversations with you from their first point of contact. You should not answer any questions until you speak with a lawyer, now matter how innocent the questioning may seem.
Should I do a police interview?
Often our clients find themselves in circumstances where they have either been charged or are about to be charged with a criminal offence. Police will typically request the client to participate in a record of interview.
We strongly advise that clients NOT participate in any record of interview without first contacting a lawyer.
In some circumstances police will inform suspects that if they participate in a record of interview they will be released. Do not be persuaded by this advice, seek proper advice from a lawyer first.
How long can police detain me for without charge?
If investigating more serious offences known as indictable offences, police can hold a person for questioning and investigation of the offence for up to 8 hours. Within that time period, you are entitled to ask to contact a friend, family member or legal representative.
Our firm can be contacted 24 hours a day for emergency legal advice. You should delay any interview until advice can be obtained from a lawyer. If in doubt, err on the side of caution and refuse to partake in an interview.
What types of offences do I need a lawyer for?
You should not take advice from a police officer about Court process or likely penalty. Even if a police officer tells you “you don’t need a lawyer”, it would be wise to seek out independent advice.
Even where matters may seem minor in nature, e.g. drink driving, there are often pitfalls for inexperienced persons appearing on their own behalf in Court.
If you would like initial advice on whether you should have a lawyer represent you at your next Court hearing, contact our firm and one of our solicitors will be able to discuss the matter with you.