If you are questioned by the police about any aspect of your behaviour, don't panic. Keep a cool head and know your rights.
When can the police interview you?
The police can approach you and ask you questions for a variety of reasons. If you are questioned by police it is very important to know your rights.
The right to remain silent
If you are suspected of having committed an offence you have the right to refuse to answer questions or participate in police investigations. However, there are certain situations where it may be an offence to fail or refuse to give you name, address and other requested details to police when asked.
For example:
• When a police officer has reasonable grounds to believe you have committed an offence you must provide your name and address when asked.
• When required by a police officer executing his or her duty under particular traffic laws you must give your name and address.
• When you are on a premises licensed to serve alcohol you must, if required by police to do so, provide your name, address, date of birth and evidence of your age. If you are drinking alcohol they can ask who sold you the drink.
• Where a motor vehicle accident or traffic offence has been committed you must, if required by police to do so, provide your name, age and address.
• If you are the owner of a motor vehicle it is an offence to withhold the name and address of a person who was driving your car on a specified occasion.
• If you are found in possession of an illegal plant or substance it is an offence not to supply your name and address and to state where and from whom you obtained the drugs.
It is an offence to give misleading information to a police officer when answering their inquiries.
If in doubt, obtain legal advice before you do anything. You have a right to obtain legal advice and generally you have a right to remain silent if you are questioned.
Going to the police station
As a general rule you do not have to go to the police station for questioning unless you have been arrested. If you are being arrested you have the right to know what you are being arrested for.
You will know whether or not you are under arrest by the words and actions used by the arresting officers. The police would normally use the actual words “you are under arrest”.
However, the status of being under arrest essentially involves you being made are aware that you are not free to leave police custody.
Every person who has been taken into custody may be detained by a police officer for a reasonable time for the purposes of questioning or carrying out investigations.
A person in custody has the right to an interpreter if they do not have sufficient
knowledge of the English language.
A person in custody also normally has the right to communicate with a friend, relative or
lawyer.
However, if the person in custody is over 18 years old the Police may refuse this right for 4 hours if they believe that such contact may result in the escape of an accomplice, or the fabrication or the destruction of evidence.
The right may also be refused in certain circumstances outlined in the Road Safety (Alcohol and Drugs) Act 1970 and under anti-terrorism legislation.
Fingerprinting and forensic science
If you are 15 or over and you are arrested, the police can fingerprint and photograph
you, you can also be requested to undergo what is called a “forensic procedure” which includes, but is not limited to, a breath test or a blood or urine sample or a cavity search.
Invasive forensic procedures can only be carried out with your consent or by the order of a magistrate. Less invasive procedures such as fingerprinting can be carried out if ordered by a police officer.
If you are over 10 and under 15, you can not be fingerprinted or undergo a forensic procedure unless you and your parent consent in writing to such procedures being performed, or a Magistrate’s permission is obtained. Your fingerprints or other forensic material must be obtained in the presence of your parent or an independent witness.
Regardless of your age, at the time you are fingerprinted or you undergo a forensic procedure you must be told by the police that the fingerprints and other forensic material could be used in evidence against you and they will be destroyed if the charge against you does not proceed or you are found not guilty or a court orders that your fingerprint or forensic records be destroyed.
REMEMBER: If the Police want to talk to you...
• Try not to panic.
• It is a good idea to give your name and address and to be polite. If you are rude and swear you may be charged with an offence relating to obscene language.
• Remember it is an offence to give a false name and address to the police.
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