Interviews
Stop and Search
The police may stop and search anyone whom they reasonably suspect has something stolen or otherwise unlawfully obtained or anything used in an indictable offence. A reasonable suspicion involves less than a belief but more than a possibility. The police can search a suspect immediately after they have been arrested and can seize any property which they find on them.
Where a person is the driver of a motor vehicle police can ask for that persons name and address and where they suspect that motor vehicle was or may have been used in the commission of an indictable offence they can ask the owner, the driver or the passenger to supply details of the driver and passengers present in the vehicle at the relevant time.
Investigation Period
A person under arrest can be detained by police for the investigation period i.e. for no more than a reasonable time and no more than 4 hours or such longer period as extended by investigation. The period can be extended by a further period of 8 hours by a Magistrate or Clerk of the Local Court.
The investigation period of 4 hours is subject to specific time out periods and can be extended by the police by means of a detention warrant. Time out is a period in which the clock does not run in determining the maximum investigation period.
Suspect's Rights
The custody manager at the police station is required to caution the suspect and summarise the provisions about detention. The custody manager is required to inform the suspect before any investigative procedure starts that the suspect can contact a friend, relative or lawyer to inform them of his/her whereabouts, consult them or in the case of a lawyer be present during the investigative procedures. The custody manager is required to provide facilities for the suspect to communicate with a friend, relative or lawyer.
Interviews Articles
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - Need info on Bail, read this!
Date: September 25, 2008
Author(s): LAC Lawyers
Some handy information on Bail.
Criminal Law - The Pro's And Con's Of taking Part In A Police Interview
Date: September 25, 2008
Author(s): LAC Lawyers
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.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - What Do I Do When I Am Arrested?
Date: March 15, 2006
Author(s): LAC Lawyers
No-one who is arrested should be left to the mercy of the system as it can be a very unkind friend when you are in need. While it is important to co-operate with the police it is extremely important that you understand your rights and do nothing to prejudice yourself whilst in custody.