Do police have the right to ask me questions?
Police in Western Australia have powers which allow them to question you at any time, any place even if you’re not under an arrest.
Broadly speaking, you normally do not have to answer questions from police. This is called exercising your Right to Silence.
There are some questions which you must answer such as your name, date of birth and home address.
The police should tell you which questions you must answer. For all other questions, you have the Right to Silence.
If you are driving and the police pull you over--
You must stop the vehicle;
Provide your driver’s licence;
If you are asked to take a breath test or provide a blood or oral fluid you must also comply;
Remove any face covering such as helmets or sunglasses so the police can verify your identity.
If you refuse to give the police this information or you give them false information, you are committing an offence.
How do I exercise my right to silence?
You can exercise your right to silence by saying “No comment” or “I do not wish to answer”.
Tell the police you would like to contact a lawyer and seek legal advice before you answer their questions.
What if I talk to the police?
In short, anything you say or do can be used against you in court even if you do not attend a formal video interview.
Call a lawyer.
Do not resist police, or be abusive or violent. If you obstruct police or interfere with them doing their job you could be arrested and charged with an offence.
If you are concerned about answering police questions you should obtain legal advice.
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