The best way to answer police questions.

There are times when the Police want to question us. They may be investigating a complaint or a crime and they think we have some information that can help them. When the police question a person, they are looking for evidence. They want to get the person talking because they know that 9 out of 10 people will give them the evidence they need to charge them with a crime. So the best way for a person to answer police questions and protect themselves legally, is to only answer the questions that the law says have to be answered e.g. name and address; and not to answer any other questions.

Your right to silence

Some countries like Australia, have laws that allow a person to choose not to answer police questions. This is known as your right to silence. A court is not allowed to assume that your choice to use this right is an admission of guilt. So in most cases, people would be far better off if they used this right. Silence means not saying anything. Keeping quiet. Making no sounds. In Australia the law requires a person to answer police questions about their name and address. It also requires police to give their name and number if asked by you.

In many tv shows, when people are questioned by police, you hear them saying “no comment”. This is not properly exercising your right to silence because you are not being silent. You are making the sounds of “no comment.” Once when I was in court I heard a judge say to the prosecutor when he told the judge that the accused had given a no comment interview: “What were the questions the accused was asked that he said “no comment” to?” The judge appeared to think that because the accused spoke the words “no comment” to each question, that this was not the exercise of the right to silence, and that he could consider the questions that the accused responded to.

The police are expert questioners

The police want you to talk to them. A man said to the police that he was going to exercise his right to silence and the police asked him questions anyway and he answered them. The police have ways to encourage a person to talk. They might put them in a cell for a time by themselves. The cell has a toilet without a lid and some toilet paper, maybe a sink and tap and a bench. Nothing else except a bright light. No clock, nothing to read, nothing to do. No idea of the passage of time. After being in this environment for a time, a person might be willing to answer any questions just to gain their freedom.

The police might interview a person in a small room with two of them and one of you. This also makes a person feel like cooperating so they can be released. Then questions will be asked and if a person tries to exercise their right to silence, the police will tell them it will go better for them if they answer their questions. They might even pretend to give legal advice – all to make a person talk. The police have to tell you about your right to silence, but they will do their best to make sure you don’t use it. Police want you to talk so that you will give them the evidence they need to have you found guilty in court.

Conclusion

If you can, the best thing to do is to use your right to silence. This will prevent the police from getting any evidence to use against you from you. When you consult a lawyer and the lawyer finds out that you exercised your right to silence, they will be very happy. The police will have to prove their case against you without your help. They either may not be able to do so, or might decide not to do so. The lawyer will be able to assess the strength of the case against you when they receive the evidence. When questioned by the police the best way to answer their questions is KEEP YOUR MOUTH SHUT.

More information about dealing with police