On the Record: What You Need to Know Before Speaking to Police
Navigating Police Investigations: Your Rights
Being approached by the police can be an unsettling experience, especially if you find yourself under investigation. Whether you’ve been formally arrested or are simply being questioned, understanding your rights during a police investigation is crucial. Knowing what to do and how to respond can significantly impact the outcome of your case. This guide explains your rights, how to handle police questioning, and when you should contact a lawyer.
1. Know Your Right to Remain Silent
In New Zealand, one of the most important rights you have when dealing with the police is the right to remain silent. This means you are not obligated to answer questions from the police. If you're being questioned, you can choose not to speak without it affecting your legal standing. This is different to some other jurisdictions like England and Wales where a failure to comment when questioned can later be used against you at trial.
The right to remain silent is fundamental in New Zealand because anything you say to the police can be used against you in court. While remaining silent might feel uncomfortable, especially if you're innocent, it’s often the best course of action. If you choose to speak, your words can be misinterpreted, and even a seemingly harmless comment could later be used to implicate you.
2. You Have the Right to Legal Advice
One of the most important rights you have when approached by the police is the right to seek legal advice before answering any questions. If you're arrested, the police are required to inform you of your right to speak with a lawyer. You do not have to answer any questions until you have consulted with a lawyer.
You should contact a lawyer as soon as possible, particularly if you're facing serious charges. A criminal lawyer can provide crucial advice on whether or not to speak to the police, explain the implications of the investigation, and guide you through the process. This can be pivotal in ensuring that your rights are protected and that you do not unintentionally jeopardise your case.
3. What You Must Tell the Police
While you have the right to remain silent, there are certain things you are legally required to tell the police. Under New Zealand law, you must provide the police with your name and address when asked. You do not have to provide any further information beyond these basic details.
If you're driving, the police may also ask for your driver’s licence or details of your vehicle. Failure to provide this information can result in fines or additional charges. However, beyond your name, address, and driver’s details, you have the right not to answer any other questions, such as whether you were involved in a crime.
There can be certain circumstances where it is advantageous to you to make a statement to the Police. However, it is always best to make that decision having consulted with a lawyer first. They can advise you of the benefits and potential risks prior to you speaking with the Police or agreeing to provide a statement.
4. Your Right to Be Informed of the Offence
If you're being questioned as a suspect in a crime, the police must inform you of the nature of the offence you're being investigated for. This includes telling you why they suspect your involvement and providing you with the opportunity to comment on the primary evidence they believe that they have against you.
This is important because understanding the specific charges or suspicions against you can help you and your lawyer formulate a strategy for your defence. If the police fail to inform you of the crime you're being investigated for, any statements made during questioning may not be admissible in court.
5. Search and Seizure: Know Your Rights
During a police investigation, the authorities may want to search your property, vehicle or personal belongings. However, they cannot search you or your home without a valid reason. In most cases, police need a warrant to conduct a search. They must explain why they are conducting the search and present a copy of the warrant from a court unless they have your consent or there are urgent circumstances (such as an immediate threat to the safety of the Police or members of the public).
If the police attempt to search your home or belongings without a warrant or consent, you should make contact with a lawyer to obtain advice as soon as possible. As outlined above there are certain circumstances in which the police can conduct a search without a warrant (I will provide an overview of these circumstances in a later blog). It’s also important to note that police can seize evidence that’s in plain view or if they believe there’s an immediate danger.
6. When Can You Be Arrested?
In New Zealand, the police must have reasonable grounds to arrest you. They cannot arrest you arbitrarily. An arrest is only legal if the police have a reasonable belief that you've committed a crime, are about to commit a crime, or are a danger to public safety.
If you're arrested, the police must inform you of the reason for your arrest and your right to remain silent. They also need to inform you of your right to speak with a lawyer. If you're not arrested or lawfully detained (for example while the police are conducting a search), you are free to leave at any time.
7. What Happens During Questioning?
When you're questioned by the police, it’s important to understand the process. If you're being formally interviewed, the police will typically record the conversation. Before they begin, they must read you your rights, including your right to remain silent and your right to legal advice. At this point, you can choose whether to answer their questions or remain silent.
If you choose to make a statement then best practice requires an interview with a suspect to be recorded on video. However, if that is not practical then your statement can also be recorded in a written statement or a police officer’s notebook. However, if that occurs the police officer should provide you with an opportunity to review what has been written, make any changes if necessary and confirm the truth of the statement itself.
If you choose to remain silent, the police may try to persuade you to talk, but remember: you are under no obligation to say anything. If at any point you feel unsure, request to speak with a lawyer immediately. A lawyer can help ensure you're not coerced or misled during the process.
8. When Should You Contact a Lawyer?
You should contact a lawyer as soon as you're approached by the police, whether you’re under arrest or simply being questioned. A lawyer will ensure that your rights are respected, provide expert guidance on how to respond to questioning, and help you navigate any complex legal issues.
Even if you’re not under arrest, it's always wise to speak to a lawyer before offering any information to the police. A lawyer can advise you on the best course of action, whether it’s cooperating with the police or remaining silent.
9. Cooperating with the Police: Should You?
While cooperating with the police may seem like the right thing to do, it’s important to remember that the police are investigating a potential crime. Anything you say can be used as evidence against you, even if you’re innocent. Often, cooperating too freely can unintentionally lead to legal complications down the line.
Before answering questions, it’s wise to seek legal counsel. There are certain circumstances in which it can be to your advantage to make a statement to the police. For example, where you have an alibi or intend to later rely on self-defence. But, it is important you discuss this with a lawyer before you decide to make a formal statement. Your lawyer can discuss the pros and cons of cooperating with the police and help you make an informed decision.
Conclusion
Being approached by the police can be a stressful experience, but knowing your rights is key to navigating the process safely and effectively. Remember, you have the right to remain silent, the right to legal advice, and the right to be informed about the nature of the offence. You must provide your name, address, and driver’s details when asked, but you do not have to answer further questions. If you're unsure of how to handle any situation, contacting a criminal defence lawyer as soon as possible is your best course of action. A lawyer can help protect your rights and ensure that you're treated fairly under the law.
If you or someone you know is facing a police investigation, don’t hesitate to reach out for expert legal advice. Steven is experienced in providing client’s with advice once they have been approached for questioning by the police. Contact Steven today for advice.
About the Author
Steven Lack is a leading criminal defence barrister based in Auckland, specialising in serious crime, including drug offences, homicide, and financial crime. With a strategic and meticulous approach, he provides expert legal representation for clients facing complex criminal charges.
For more information about Steven’s practice, visit About. If you need expert legal advice, explore the Legal Services he offers or Contact him directly.