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.