Australian citizens and foreigners visiting Australia have a lot of rights when it comes to police questioning. Essentially, you don’t usually have to answer any questions, especially if you don’t have a lawyer present.
If you have been or know that you’re going to be questioned by police, then you should speak to an experienced criminal lawyer as soon as possible. Doing this will allow you to build a defence against any charges which could be brought against you, and getting ahead of the ball like this will minimise your chances of legal penalties.
Similarly, if you’ve been questioned in a way that you don’t think was legal, you should also speak to your lawyer. In cases like this, any answers you provided may not be admissible in court.
When Do I Have The Right To Remain Silent In Australia?
Put simply, the right to remain silent when you are arrested by the police is a fundamental part of the Australian legal system. You don’t actually have to say anything to the police, no matter how intensely they question you.
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