Speaking to police at Leavers - R U Legal?

Police have powers that allow them to ask questions and interview you in certain situations. It is important to understand your legal rights in relation to these powers.

Generally, the police have the right to ask you questions at any time, even if you have not been arrested. Although they are allowed to ask you questions, this does not mean you always have to answer them.

In WA, you have a general right to silence, which means you normally do not have to answer questions from police. There are some questions you must answer, for example, your name, address and date of birth.

If the police tell you that you must answer a question, and you do not answer or lie, you may be charged with an offence.

What should I do if police want to speak to me at Leavers?

  • Do not resist police, or be abusive or violent.
  • Give your correct name, address and date of birth.
  • You do not have to answer any other questions, or do a police video record of interview. It is best not to give a statement or do a video record of interview until you after you have had legal advice.
  • If the police want to interview you, tell them that you want legal advice first.
  • If you are under 18, ask for an independent adult to be present at the interview.
  • If questioned, you do not have to say or sign anything (other than give your name, address and date of birth).
  • Do not lie or give false information. 
  • Get legal advice as soon as possible.

If you don't give your name, or provide false details, you could be charged with an offence. If you try to stop police or make it hard for them to do their job, you could be arrested.

If police give you a move-on notice, make sure you read it carefully and follow what it says. You can be arrested and charged just for being somewhere covered by the move-on notice.

If you don’t like the way you are being treated by police, take down the name and number of the officer and get some legal advice about how to make a complaint. If you are injured, see a doctor as soon as possible.

Be careful what you post on social media. This can be the first place police go to when they are investigating a suspected crime.

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.