It provides a foundation for verifying what comes out of a more in-depth interview. Say you tell me that you are coming home from your mom's house, where she made you dinner. It then develops that you're not heading in the direction of home. You tell me you were going to stop for a burger.
No. If the police believe you have information about a crime, they may ask you to attend and participate in a police interview; but you do not have to attend.
Giving your name and address
The police do not have the right to demand your name or address without a reason. Generally, a police officer can only ask you to give your name and address if they believe you: have committed an offence.
If the police suspect your mobile phone holds evidence to a crime, they can apply to a magistrate for an order pursuant to section 3LA of the Crimes Act 1914 (Cth). The order will stipulate that you must disclose the mobile phones password. Any failure to comply with the order will have consequences.
Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
How long can police hold evidence without charges in Australia? The law has no provisions that set a deadline for giving the property back. Instead, it states that police can keep items for as long as reasonably necessary. In practice, police officers must retain seized property within a short delay.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
Solid evidence to charge someone with a crime is not necessary. An arrest or charge against someone is only an allegation or complaint that the person either participated in or committed a crime. Police or a district attorney often file charges against someone without evidence to convict them.
Answer: If you are a victim of domestic violence in Australia, you may be able to withdraw your statement and ask the Police to drop the charges against the accused. However, the decision to drop the charges is ultimately up to the Police and the court system.
You can be charged with common assault if during an argument you threatened another person, or they received minor injuries from a push, shove, hit, or other contact. Spitting on another person or throwing an object at a person are also classed as common assault.
If you do not wish to be interviewed, you should tell the Police that you do not wish to go into the interview room. Whilst you need to stay calm in custody, you are not obliged to say anything or answer questions. You cannot get into trouble or be seen as uncooperative for not answering questions.
This means that you cannot be forced to be interviewed by police. In fact, the law provides that if you choose to remain silent, your silence cannot be used against you in court. Practical Hint: Your right to silence includes the right not to have your refusal to participate in an interview recorded.
Police questioning
If you are a suspect, or have been arrested in relation to an offence, the police may ask you to participate in a police interview. Remember that you have the right to remain silent and do not have to answer any questions that the police may ask.
According to the Surveillance Devices Act, police may be granted surveillance warrants which allow them to listen to your phone calls. The Surveillance Act was brought in to combat terrorism, murder and drug manufacture but it is clear that this power is no longer limited to pursuing these serious charges.
You hear popping, static, humming, or clicking.
If you hear a great deal of noise while you're talking on your landline, it could indicate a physical wiretap. But if your phone is tapped using software that intercepts your calls at the carrier level, you likely won't hear anything strange at all.
EAVESDROPPING LAW AND HOW IT RELATES TO ELECTRONIC SNOOPING
The law does not allow a person to intercept, authorise or do any act or thing that will enable him or her to intercept a communication passing over a telecommunication system.
A person has a general right to remain to silent after being arrested in NSW. This comes with the exception of the need to provide your name and address in certain circumstances when dealing with the police. Offences involving motor vehicles are an important exception to the right to remain silent.
If you have been arrested on suspicion of an offence, the police are allowed to detain you for a reasonable time to carry out investigations, for example, to interview you, if you agree to being interviewed. This period cannot normally be more than six hours (unless an extension is granted by a detention warrant).
It includes defence of a stranger and extends to action taken to prevent or terminate unlawful imprisonment. Self defence also extends to defence of real and personal property and prevention of trespass or removal of trespasses from land or premises.
Simple assault is usually the least severe assault crime, and it is generally charged as misdemeanor assault.
In Australia, children under the age of 10 years cannot be charged with a criminal offence. If they are between 10 and 14 years old, the prosecution has to show that they knew what they were doing was seriously wrong for a case to continue.
It is important to realise that, if you make a statement, it will be given to the accused and/or the accused's solicitor. You can choose to withdraw the statement at a later date if you wish by contacting the police officer in charge of investigating the matter (also called the informant).
If it is a crime like assault or domestic violence, the police can decide to lay charges even if you don't want them to. They will speak to you about this decision.
Answer: If you are a victim of domestic violence in Australia, you may be able to withdraw your statement and ask the Police to drop the charges against the accused. However, the decision to drop the charges is ultimately up to the Police and the court system.