16 December 2020
Article from October 2020 edition of INPractice
Ah, we hear you say, anything to be silent, to sit quietly and reflect on … well anything you like.
We at Union Legal do so agree.
When we first started working at home because of COVID-19 the silence was deafening. Union Legal lawyers work together in a large office and we are rowdy women, constantly on the phone talking to clients.
So if silence is something people enjoy, even cherish on some occasions, why is it that the minute police ask them questions it's like an involuntary reflex to pour out every bit of information on a topic, whether relevant or not?
I think for most people we want to be helpful or we think we have no option other than to answer questions.
Well, that is absolutely not the case. In fact, all of our clients who are being interviewed by police in relation to an incident in which they were involved that may lead to charges are advised to exercise their right to silence.
Exercising your right to silence cannot be used against you at trial and you cannot be cross-examined about why you exercised this right.
But there is a trap! Do not pick and choose what questions you remain silent about and then answer others. It's all or nothing and our advice is nothing.
Here are some tips.
- If police come to your home and you are expecting them, be polite
- If they call to arrange an interview time be polite and arrange a time convenient with you and your lawyer.
- Explain that you have been advised not to answer questions
- If you have retained one of the lawyers from Union Legal give the police our name and contact details.
- Give your name and if required you can confirm your address.
- Say nothing more.
Now if you are thinking 'why would I exercise my right to silence? I don't have anything to hide'. Well here's why.
Case Study
Recently we were involved in a case where the police notified AHPRA of a matter where they had interviewed the client prior to them receiving advice from Union Legal.
The transcript of that interview was used as the catalyst for AHPRA to start their own investigation.
Maybe still no problem if there is nothing going on. However, this client then gave an interview to AHPRA and told a different story. We would like to add at this point both versions were incriminating, so what the client had actually done was incriminate themselves and then given false and misleading statements to AHPRA for which there are incredibly hefty fines and penalties.
Once these statements are made there is no moving away from them. We’re sure you’ve heard of the saying ‘trying to make a silk purse out of a sow’s ear’. Well trying to unpick an interview given to police about a matter is just like that - impossible.
So if you are in trouble with the police, if you or someone you know has committed an offence then call Union Legal for advice and remember until then be polite and only give your name and address to police.
Union Legal is the in-house legal firm of the ANMF (SA Branch), providing members with professional legal advice at exclusive preferential rates and legal services at competitive rates to the wider community.
Need legal advice?
Contact Union Legal SA
P: 1800 792 834
E: [email protected] www.anmfsa.org.au/unionlegal
Click here to read the October 2020 edition of INPractice