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Do I have to answer Police questions?

The general position is that you do not have to answer police questions.  There are some important exceptions which are set out below.

As a matter of common sense, if you are asked questions by police about a simple matter of which you are obviously innocent, it is probably a good idea to answer their questions.

However, you should always proceed with caution and consider speaking with a lawyer first.  In particular, if the police want to record an interview with you on tape or video, ALWAYS SAY YOU WANT TO SPEAK TO A LAWYER FIRST.

A police officer can request a person to provide his or her name and address if those details are unknown to the police officer, and if the police officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged offence because the person was at or near the place where an alleged indictable offence occurred at around the time when the offence occurred.

It is an offence to refuse to supply a name and address.  The police are entitled to demand the particulars of a suspect.

Where a police officer reasonably suspects that a motor vehicle was, or may have been used in the commission of an indictable offence, the police officer can ask the owner, driver or passenger of the vehicle to supply details of the driver and passengers in the vehicle at the time of the offence.  It is an offence to refuse to give a false name or address.

Police can demand proof of identification.

If you need legal assistance or have a question about dealing with the Police, call our experience team of Lawyers at Brazel Moore Lawyers on 02 4324 7699.

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On 20th November 2023, our office will relocate to Suites 5 & 6, Fountain Plaza, 148-158 Central Coast Highway, Erina.

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