Criminal Law - The Pro's And Con's Of taking Part In A Police Interview

The decision as to whether to participate in a record of interview with police is often a difficult one to make. There are various advantages and disadvantages in doing so, therefore, it is important that competent legal advice is obtained. LAC Lawyers are able to assist and advise you whether you should participate in such an interview.

No unfavourable inference can be drawn from one’s refusal to participate in an interview or to answer any particular question(s) but it may be in some cases that failure to do so may constitute an offence.

Advantages:-

1. You may not be charged with any offence(s) as you have a sound explanation;
2. Your version of events may be more readily accepted by the court because you provided information to the police at the time of your arrest;
3. You may be charged if you refuse to participate in an interview or answer questions in the course of official questioning;
4. Court must take into account your remorse when sentencing.

Disadvantages:-

1. The police may not have enough evidence to prove the elements of the offence and you may inadvertently provide information to help the police establish a case against you;
2. The interview process can often be stressful and intimidating and therefore you can be mistaken as to the version of events. This can be difficult for a court to accept later if you were genuinely mistaken as to a particular fact;
3. The police may decide to charge you regardless of you agreeing to be interviewed;

1. Whether participating in a record of interview will make a difference in the decision to issue a Court Attendance Notice or not,
2. Whether bail is likely to be refused,
3. The evidence that the police have against you.

We recommend that it is better to be safe than sorry in these situations and the services of a lawyer should be retained. LAC Lawyers has vast experience in police interviewing techniques and can offer a comprehensive criminal law service so that you will feel safe and secure throughout your matter.