If certain questions from the police or court make me uncomfortable or touch on traumatic experiences, do I have the right to refuse to answer?

If certain questions from the police or court make me uncomfortable or touch on traumatic experiences, do I have the right to refuse to answer?

Your rights and obligations during police or court questioning vary depending on the circumstances:

• During the police investigation stage:
  • You may choose not to answer questions that cause you distress, especially those involving self-incrimination or falling under professional confidentiality (e.g., the duty of confidentiality for lawyers, doctors, or social workers).
  • If questions cause anxiety or trigger trauma, you may immediately inform the police officer of your discomfort and request a break or an adjustment to the questioning approach.

• During court proceedings:
  • If you are a qualified witness, the court may legally issue a summons requiring your attendance to testify. In such cases, you have a legal obligation to attend court and answer the court’s questions.
  • Even when summoned to testify in court, you retain the right to refuse to answer questions that could incriminate you (privilege against self-incrimination) and, in certain circumstances, the right to professional confidentiality. However, refusing to testify or answer questions without reasonable grounds may result in contempt of court charges.
  • Special provisions apply to children, defendants, co-defendants, and spouses of defendants, with differing obligations and rights regarding testimony.

  • If a doctor or professional certifies that you are unfit to testify due to trauma or mental health conditions, the court may exercise discretion, such as postponing testimony, adjusting questioning methods, or even exempting certain parts of testimony.