Am I required to give a police statement? What legal rights, protections, and limitations do I have during the statement-taking process?
You are not required to give a statement to the police in all circumstances. Whether you need to provide a statement depends on your role in the incident:
- If you are a witness:
- During the police investigation phase, you have no legal obligation to give a statement; providing one is voluntary. However, the police generally expect witnesses to assist the investigation by providing known facts.
- If you choose to give a statement, you should state the facts truthfully. You have various safeguards during the statement-taking process, such as requesting the presence of a lawyer, giving the statement in a language you are familiar with, requesting an interpreter, taking breaks and meals, requesting corrections of errors, and obtaining a copy of your statement for future verification or claims purposes.
- You must not knowingly provide false or misleading information, or you may commit offenses such as perverting the course of justice.
- Once signed, your statement may become admissible evidence in court, potentially affecting the case or any future civil claims.
- If you are a defendant:
- The police will usually conduct a statement-taking procedure, inviting you to be interviewed and recorded.
- You have the right to remain silent and are not obligated to answer police questions. For example, you have the right to refuse to answer questions that may be self-incriminating.
- You may request a lawyer to be present and ensure that any statement is provided voluntarily, without coercion or intimidation.
- You also have the right to request corrections of errors, obtain a copy, and receive basic safeguards (e.g., breaks, meals).
Once signed, the statement may be used as evidence in court and directly impact your criminal liability.
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