Criminal Law

In the event the police wish to interview you in relation to an offence, or an alleged offence, that person cannot be forced to give a statement, that person has the right to be to be silent and no adverse interest should be drawn by that silence.

In some instances, it is wise to not speak, however there is some benefit in giving a statement on some occasions. The police can ask that ask a person ‘come down to the station’ to give a statement, but again, you cannot be forced unless you are arrested. Again, seek legal advice if you are at all concerned. Having made a statement, you should be given a copy of your statement. You can however be charged whether you give a statement or not. Giving a false statement will lead to an awful outcome.

In criminal matters, the prosecution must prove the offence to the standard of ‘beyond a reasonable doubt’. This means your lawyer in the first instance should argue the case has not been proven beyond a reasonable doubt. As a defendant you do not have to give evidence in your own defence. The person should listen very carefully to the advice the lawyer gives in that regard. Of course, a defendant can ask others to give evidence in their defence. Defences to criminal charges are many and varied. Here are a few of those defences: Self-defence, unforeseeable consequences, mistaken fact, extraordinary emergency consent, double jeopardy. If you believe you are being investigated by the police for an offence obtain legal advice as soon as possible.

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