Can the police make me make a statement?
Whilst there is no legal requirement to give a witness statement to the police there is a moral duty on each of us to help the police with their enquiries. For many, the prospect of giving a statement and appearing in court is frightening for reasons such as fear of reprisals and nervousness about going to court.
Can I refuse to give a statement to the police?
In short, as a general rule, refusing to provide a statement to the police doesn’t make you look guilty; it makes you look like you are being smart and following legal advice. While the above is commonly given legal advice by sexual assault lawyers, it is not necessarily advice given in all cases.
Can police take statements over the phone?
The force’s Telephone Witness Statements service allows those who have been subject of a crime to provide a statement over the phone without ever having to attend a police station or receive a visit.
Can I refuse to make a police statement?
You may decide you do not wish to continue with a complaint and would like the police to cease their investigation. If you decide this before giving a witness statement you can refuse to give one. If you do not give a witness statement, it is unlikely that the police will continue investigating.
Do I have to sign a police statement?
Giving a written statement Once the statement has been written, the police officer will ask you to read it to check it’s accurate. You can ask the police officer to read your statement to you. You will be asked to sign the statement to say that it is an accurate account of what you think happened.
Is it an offence to give a police statement in Australia?
These offences exist under state legislation: Western Australia – section 169 of the Criminal Code Compilation Act 1913.
Can you give a police statement if accused of a crime?
Lawyers recommend that you not give police a statement if you are accused of a crime, without seeking legal advice. Police may still charge you irrespective of whether you give a statement or not. You shouldn’t make partial statements either; that is, making a statement about some matters and not others.
When to use a statement in NSW Civil Court?
It can be witnessed, although this is not always necessary. Statements are used in the civil claims division of the Local Court and in some tribunals, including the NSW Civil and Administrative Tribunal (NCAT). In the Small Claims Division of the Local Court, statements are used instead of witnesses attending a hearing.
Can a police officer coerce you to make a statement?
The police cannot coerce you into making a statement, but if you don’t make a statement you can still be called to court to give evidence by way of a subpoena. It is important to realise that, if you make a statement, it will be given to the accused and/or the accused’s solicitor.