POLICE INTERVIEWS
In Victoria, when there is an Investigation on foot, the Police will require to speak to their Suspects. This can be organised to be conducted through various methods:-
- Police Requesting for an Interview. If there has been a request for an Interview, the Investigating Officials will inform the Suspect of them being required. It is a must for the person of interest to clarify if they have been placed under arrest, or if this is just a general attendance as opposed to a record of interview. If it is an official record of interview, the person of interest will have their rights read out and offered an opportunity to contact a family member or lawyer. It is recommended that this is the time when a Defence lawyer is contacted immediately.
- Ringing the Suspect or Person of Interest and Requesting them to attend a Police Station. No matter how the Person of Interest arrives at the police station, the police can request them to remain at the police station for a reasonable amount of time to conduct the Interview and make further enquiries. The particulars of the person of interest will be available online on a police database, so their family members are able to contact a police station to ascertain of their whereabouts.
In the interview, take note of the following:-
- The Person of interest is taken into an interview room.
- This would have been following their Miranda Rights having been read out to them.
- The interview will commence; and will be recorded by either audio or audio and video.
- Whatever is stated in the interview is often used against the person of interest in the case against them.
- It is crucial to either have a Defence lawyer attend the interview with the person of interest, or at least be able to provide legal advise prior to the conducting of a record of interview.
- Whether a ‘no comment’ interview or otherwise should be conducted, will come down to the expertise and experience of a Defence lawyer.
- It is crucial to always be consistent in the responses of a police record of Interview; and to have a Defence Lawyer’s assistance prior to engaging in one.
- Some interviews are as short as 30 minutes; and others may take up to all day, pending on the complexity of the matter at hand.
- The police members who will be seated in the Interview are the police Informant and his or her corroborator.Principal Lawyer Mr. Esan Pilai of Jay & CO is able to assist in attending or advising persons of interest in matters he advice he has presenters which are heading towards an Police Arrest and a Record of Interview. Mr. Pilai has attended numerous Police Interviews, where the person of Interest has been in a pivotal position to have their case Defended well.Best Wishes,
Jay & Co Barristers and Solicitors.