Criminal Law FAQs

Criminal Law FAQs

 

Q: The police have asked me to come in for a chat. What should I do?

  • Ask for the officer’s name and station, why they want to speak with you and whether you are required to attend.
  • If the questions concern an offence you may be accused of, you can speak to a criminal lawyer first.
  • You can ask for an interpreter if you need one.

Q: Can I remain silent when police question me?

  • You generally have the right to remain silent about the alleged offence.
  • Some information must be provided by law. For example, you must give your name and address if police have lawful grounds to ask.
  • What you say over the phone or before a formal interview can also be used as evidence.

Q: The police let me go home after questioning. Is the matter over?

  • Not necessarily. Police may continue investigating and decide later whether to charge you.
  • If you receive a summons or notice to appear, check the date, time and court location, and attend as directed.

Q: What is bail?

  • Bail allows a person charged with an offence to remain out of custody while awaiting court.
  • You must attend court as required and comply with any bail conditions, such as reporting regularly to a police station or avoiding contact with a particular person.

Q: Do I have to pay money to get bail?

  • Not always. Some bail arrangements require financial security, while others do not.
  • Even if no payment is required, you must still comply with the conditions in your bail documents.

Q: What is criminal diversion?

  • Diversion is a way of dealing with certain criminal charges through a plan approved by the court.
  • The plan may require an apology, compensation or counselling.
  • If you complete the plan as required, the court dismisses the charges without a finding of guilt.

Q: Is diversion automatic if this is my first charge?

  • Being charged for the first time does not automatically qualify you for diversion.
  • You must acknowledge responsibility for the conduct, and the prosecution must agree to diversion.
  • The magistrate decides whether diversion is appropriate in your case.

Q: A family member has been arrested. What should I do?

  • Ask which police station they have been taken to and note the officer’s name and contact details.
  • Contact a criminal lawyer promptly. If you can speak to your family member, remind them that they can usually ask to speak privately with a lawyer before questioning.
  • Tell the officer promptly if your family member needs regular medication, urgent medical care or an interpreter.

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