What are my rights in police custody? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. What are my rights in police custody? You have the right to: - Be cautioned and told your rights as soon as you arrive at the police station - Contact your lawyer - The right to an interpreter - Contact a friend, relative or guardian - Have your lawyer with you while you are being questioned - The right to medical attention, refreshments and bathroom facilities If you have any questions regarding your rights in police custody please Contact Us. Preparing for Court Think about the event or events you will be giving evidence about. What happened first? What happened next? Try to remember details like dates, times, descriptions, actions and exact words used. Do not discuss your evidence with other witnesses. Read the statement you gave to police. If you do not have a copy of your statement, you can ask the police officer involved in the case or you can ask your CrimLaw Criminal Defence Lawyer for a copy. If you have any questions regarding preparing for Court please Contact Us. In the Court Room Someone will call you when it is your turn to give evidence. You will then be shown to the witness box at the front of the courtroom. A court officer will read out the oath and ask you are to swear to tell the truth on the Bible or Koran. If you do not wish to swear on the Bible or Koran, tell the court officer when the Bible or Koran is handed to you and you may make an affirmation. You will then be asked to say your name and occupation. If you do not wish to state your address in public, tell your CrimLaw Criminal Defence Lawyer beforehand, otherwise you may also be asked to give your address. The Crown Prosecutor or DPP lawyer will ask you questions about what happened. The accused's lawyer will then "cross examine" you by asking you additional questions. The Judge or Magistrate may also ask you questions about your evidence. Judges sit in the District and Supreme Courts and are addressed as "Your Honour". Magistrates sit in the Local Court and are also addressed as "Your Honour". If you have any questions regarding Court please Contact Us. How should a person be arrested? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. How should a person be arrested? The arresting officer should: - Tell you that you are under arrest; - Tell you what you are being arrested for; - The arresting officer can and may use as much force as is necessary to arrest you. - After arrest the officer may handcuff you if you attempt to escape or if it is considered necessary to prevent you escaping. - Note: It is an offence to resist arrest and you may be charged. If you have any questions regarding how a person should be arrested please Contact Us. How long do I have to stay in custody? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. How long do I have to stay in custody? Following an arrest, the police may detain you for an initial period of up to four hours. An application can be made by the police to allow an extension of up to a further eight hours. After this you must either be charged or be released. The time period does not include time cuts such as transporting you to the police station, refreshments, bathroom breaks or waiting / communicating with your CrimLaw Criminal Defence Lawyer. If you have any questions regarding being put under Arrest please Contact Us. Giving Evidence If you find understanding or speaking English difficult speak to your CrimLaw Criminal Defence Lawyer or the police officer involved in the case as soon as possible. He or she will arrange for an interpreter. If you have a disability or special needs for giving your evidence please inform your CrimLaw Criminal Defence Lawyer, Witness Assistance officer of Police officer. When you give your evidence in court: Consider each question before you answer. If you do not understand a question, please say so. Remember to take your time so you can give a complete answer. Do not guess. If you are not sure about an answer, just say so. Do not say what someone else has told you unless you are asked. Speak clearly so that your evidence can be understood. The microphone in front of you only records your voice, it does not make it louder. After you have given your evidence and are excused by the court, you are free to leave. You may stay in the courtroom if you wish, unless you are expected to give evidence again later in the proceedings. If you have any questions regarding giving evidence in court please Contact Us. Do the DPP take the victim's view into account? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Do the DPP take the victim's view into account? The views of victims are sought, considered and taken into account when decisions are made about prosecutions (see Prosecution Guideline 19). If you have any questions please Contact Us. Do the DPP have a published policy in relation to prosecutions? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Do the DPP have a published policy in relation to prosecutions? The Prosecution Guidelines of the DPP are published electronically by the DPP, and are publicly available. The Prosecution Guidelines are continually reviewed and revised and republished as required. To view the Prosecution Guidelines of the Office of the Director of Public Prosecutions for New South Wales go to: http://www.odpp.nsw.gov.au/guidelines/guidelines.html If you have any questions regarding the Prosecution Guidelines of the DPP please Contact Us. Do the DPP give reasons for decisions? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Do the DPP give reasons for decisions? If sought, reasons are generally given for decisions made in the course of a prosecution, including reasons for not proceeding, are given to a person with a legitimate interest in the matter (e.g a victim) - (see Prosecution Guideline 12). If you have any questions regarding the DPP and the decisions made in the course of a prosecution please Contact Us. Do the DPP advise police as to whether a prosecution should be commenced? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Do the DPP advise police as to whether a prosecution should be commenced? Police sometimes seek the DPP advice as to whether there is sufficient evidence to commence a prosecution. This is the exception rather than the rule. Prosecution Guideline 14 deals with the provision of advice to police. If you have any questions regarding the DPP or police prosecution please Contact Us. Do I have to submit to being fingerprinted or photographed? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Do I have to submit to being fingerprinted or photographed? - Yes the police may take your fingerprints and photograph for identification purposes. - The police may ask you to participate in an identification parade. If you have any questions regarding being fingerprinted or photographed please Contact Us. Do I have to submit to a search? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Do I have to submit to a search? - Yes Police have the right to search you without a warrant. This is immediately after arresting you. - If you have not been arrested Police do not have the right to search you without a warrant unless you consent. - If in doubt, we do not recommend that you consent to a search prior to any arrest. If you have any questions regarding your legal rights and/or warrants please Contact Us. Do I have to attend a police interview if requested? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Do I have to attend a police interview if requested? - Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence. - You should always contact CrimLaw Criminal Defence Lawyers before participating in a police interview. If you have any questions regarding police interviews / questioning please Contact Us. Do I have to answer police questioning? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Do I have to answer police questioning? 1. In general you have the right to silence however if the arrest concerns a motor vehicle or you have witnessed a serious crime you are required to give your name, address and particulars of the incident to the police. 2. The police may want to question you in what is known as an Electronic Record of Interview or ERISP. 3. It is not advisable to speak with the police until you have spoken with your barrister / lawyer. 4. You have the right to silence, that is you do not have to and can refuse to say anything. 5. Providing false information can be used against you. 6. You have the right to have a barrister / lawyer present while you are being questioned. 7. Do not sign any document other than a bail form. If you have any questions regarding police questioning please Contact Us. Are witnesses required to give evidence in committal proceedings? The following advice is general advice. You should always consult CrimLaw Criminal Defence Lawyers for advice specific to your circumstances. Are witnesses required to give evidence in committal proceedings? Witnesses are not called in committal proceedings unless the Magistrate considers they should be called. The Magistrate usually considers submissions by the prosecution and defence before making a decision. In relation to ‘offences involving violence’ (as described in s 94 of the Criminal Procedure Act 1986) the Magistrate must be of the opinion that there are ‘special reasons’ why the victim should be called to give oral evidence (s93). Magistrates seldom find that there are special reasons. In relation to any other witness, other than a child witness who cannot be called in committal proceedings, the Magistrate must be of the opinion that there are ‘substantial reasons’ why the witness should be called to give oral evidence (s91). Magistrates frequently find that there are substantial reasons. Most committals proceed as ‘paper committals’ in that witnesses are not called. If you have any questions regarding witnesses required to give evidence in committal proceedings please contact us.