Can I Refuse to Give a Police Statement: Know and Protect Your Rights
Can I refuse to give a police statement?
Yes, you can refuse to give a police statement if you are a suspect or person of interest in an investigation. Remember that anything you say to the police can be used against you.
If you are a witness, it is important to understand that no one can be compelled to make a statement by the police. However, you can be subpoenaed to appear in court if you witnessed a crime.
What are the Potential Consequences of Refusing to Provide a Statement?
You might be asking yourself the question: Can I refuse to give a police statement? What would happen once I do?
Refusing to provide a statement in a situation involving an Apprehended Violence Order (AVO) can have various consequences.
Before deciding whether or not to give a statement to the police, it is essential to consider the following:
- Impact on the police investigation: Refusing to provide a statement could hinder the police's ability to conduct a comprehensive examination. Without your information, the police may rely on alternative sources of evidence or draw conclusions based on limited information. This may affect the AVO proceedings' outcome.
- Court's perception: The court may view your refusal to provide a statement negatively when deciding whether or not to grant the AVO. The court could interpret your refusal as a sign that you have something to conceal or are unwilling to cooperate with the investigation.
- Weakened defence: If you choose not to provide a statement, you may lose the chance to clarify your side of the story or any mitigating circumstances relevant to the case. This may undermine your defence and negatively impact the AVO proceedings.
- Strained relationship with law enforcement: Refusing to provide a statement could create tension between you and the police, resulting in a more challenging AVO process.
- Legal consequences: While it is generally within your rights to refuse to provide a statement about the alleged offence or incidents related to the AVO, there may be instances in which refusing to cooperate with the police could result in legal consequences, such as obstruction of justice charges.
Can I Refuse to Give a Police Statement as a Witness?
Can I refuse to give a police statement as a witness?
If a witness refuses to provide a statement, the police may be unable to conduct a thorough investigation.
Lack of information from witnesses could lead to an incomplete understanding of the situation, affecting the outcome of the AVO proceedings.
If a witness refuses to make a voluntary statement, the police or prosecution may pursue a subpoena or other court order to compel the witness to testify in court.
If a witness is ordered to testify and refuses to comply, they may be held in contempt of court or face fines and other penalties.
Depending on the specific circumstances and jurisdiction, refusing to make a statement or testify as a witness could be considered obstructing justice.
According to Crime Act 1900 – Sect 319, Obstruction of justice is an offence that may result in fines or imprisonment.
There could also be moral and social implications. As a witness, you may have information that could prevent future offending and guarantee that justice is served.
Refusing to provide a statement may unwittingly contribute to an unjust result or place someone in danger.
Conclusion
Question: Can I refuse to give a police statement?
Answer: You can refuse to give a police statement if you are a suspect or person of interest in an investigation. Remember that anything you say to the police can be used against you.
If you are a witness, you should know that no one can be compelled to make a statement by the police. However, they may obtain a subpoena for you to appear in court to testify if you witnessed a crime.
Need Guidance About AVO?
At Justice Family Lawyers, we understand the complexity of AVOs and ADVOs, and we are committed to providing our clients with the highest quality legal advice and representation.
Our AVO lawyers and practitioners are highly experienced and knowledgeable, and we are committed to helping our clients receive the best possible outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
