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Police Powers to Investigate and Ask Questions:
HHG Legal Group Senior Associate, Lisa Riley, discusses police power to investigate.
The Criminal Investigation Act 2006 (WA) gives the Western Australian Police powers to investigate, and ask questions of people, in circumstances where they hold a reasonable objective belief that a person has been involved in the commission of a criminal offence. These powers also extend to circumstances where there is a reasonable suspicion that a criminal offence is about to be committed by any person and by use of any object or thing.
Police powers to investigate offences may be exercised at any given time of the day or night unless expressly provided otherwise in the Act.
Police duties during investigations:
The Act requires that Police Officers, or other authorised public officers, conduct themselves in a certain manner at the time any criminal investigation is carried out. For example, Police Officers are required to:
- Identify themselves by providing their official details or showing some evidence that they are a Police Officer in circumstances where they are not dressed in Police uniform.
- Where a person does not speak, or understand, English, Police Officers are required to use an interpreter or other qualified person to inform the person about the matter which is the subject of the investigation.
- If a warrant or order is required before entering a premises, a formal application must be made in the prescribed form, before a Judicial Officer, before officers enter that place.
- If force is to be used by Police Officers to exercise a power under the Act, then that force must only be what is reasonably necessary in the circumstances.
- Police officers must seek consent of a person to carry out a basic search, strip search or forensic procedure and if no reply is given or resistance is shown, then consent is to be not taken to be granted. Police must also comply with the rules within the Act with respect to how strip searches should be conducted.
- Police Officers are to seek consent of an occupier to enter any premises without a warrant. However, exceptions to this will apply in certain circumstances and are set out in the Act.
- Persons who are to accompany Police Officer and who are not in lawful custody of that Police Officer, are to be given their rights and it is to be made clear so they understand that they do not have to accompany that Police Officer and are free to leave at any time they decide. However, exceptions to this will apply in certain circumstances.
- Protect and establish a forensic area where there has been the commission of a serious offence. A serious offence being any offence whereby a term of imprisonment of 5 years or more is the penalty.
What should I do if I am asked to come to the Police Station for an interview?
If you are contacted by a Police Officer and asked to attend the Police Station for an interview you should seek legal advice at the earliest available opportunity. It might be the case that if you do not arrange a date and time to attend the Police Station for an interview that the Police come out to your home residence, or known location, arrest you and bring you to the Police Station for the purposes of an interview.
HHG Legal Group offer free pre-interview advice and can be contacted prior to the time you attend at any Police Station for an interview with the Police.
What are the rights of an arrested person?
An arrested person is entitled to, and must be offered, any medical treatment which is necessary in the circumstances as they permit.
They must be provided with a reasonable opportunity to communicate, or at least attempt to communicate with, a relative or friend in order that they be able to inform that person of their whereabouts.
If an arrested person is not able to understand or speak English well, an interpreter or other qualified person, must be available to assist at the earliest reasonably opportunity. An official interview with the Police cannot take place until that interpreter service is available.
An arrested person is entitled to be informed of the offence for which they have been arrested and any other offences where suspicions are held.
A person must also be given reasonable opportunity to communicate, or to attempt to communicate, with a legal practitioner for the purposes of obtaining legal advice.
Do I have to say anything in the Police interview?
You are required to provide your personal details to the Police (i.e full name, date of birth, address) but you are not legally required to answer any questions in relation to any offence which is alleged. There are exceptions to this rule and in some circumstances you might be required and must answer questions, which is why it is important to seek legal advice prior to the time you engage in any interview.
It is often recommended that accused persons either decline to participate in an electronically recorded interview with the Police or answer “no comment” to all questions which are the subject of, or relate, to the alleged offence. This is called exercising the right to silence. No adverse inferences can be drawn against an accused person who exercises their right to silence.
A person who engages in an interview must not lie or provide false information to the Police, as this is an offence. Any information which is provided to the Police, or admissions made, during an interview can be shown in Court at a later date should an accused person plead not guilty and take the matter to a trial.
Am I Entitled to a copy of my Police interview?
If an accused person does decide to participate in a recorded interview with the Police, a copy of the recorded interview is to be made available to an accused person, or their legal representative, 14 days after that person has been criminally charged with any offence.
How can HHG Legal Group help?
*The information provided in this website serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable legal team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently.