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Police Statement

m.j.h

By m.j.h,
in New South Wales

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m.j.h Mentor

m.j.h

Posted
Posted

I know there are a few knowledgable persons here who would know the answer to this

Police are seeking a formal statement from someone I know about an incident that happened many months ago. They do not want to make a statement as the persons named are scary muthas who will f**k your shit up big time and already have to other people who have spoken to police

Police are saying things like " if you don't make a statement a warrant will be issued for your arrest and you will be charged"

What I want to know is are the cops right and can you be charged OR are you well within your rights to refuse?

Thanks

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WARLORD Veteran

WARLORD

Posted
Posted (edited)

go in and the statemant is "i don't know i am sorry i can't help" "sorry i don't know" " I don't know" to all questions can't charge you if you don't know,they would have to prove you know and if you don't know you can not be proven to know.all he should stick to the hole time is "i don't know"

the less you say the better

Edited by WARLORD
MBS206 Grand Master

MBS206

Posted
Posted

As in e was a witness and doesn't want to make a statement?

Well within his rights to not make a formal statement.

If he won't give information up he can be done for hindering a police investigation. But if he's told them info they wrote it in their lil notebook, all sweet.

MrStabby Grand Master

MrStabby

Posted
Posted

go in and the statemant is "i don't know i am sorry i can't help" "sorry i don't know" " I don't know" to all questions can't charge you if you don't know,they would have to prove you know and if you don't know you can not be proven to know.all he should stick to the hole time is "i don't know"

Lying about not knowing can get you in trouble too, i'd be more inclined to say "no comment". But since this sounds like a serious matter, OP's mate should get a lawyer.

34GeeTeeTee Grand Master

34GeeTeeTee

Posted
Posted

Hey Martin, not sure who you mean but probably good to get them to do what they gotta do and get protected..... But please also stay out of it man, don't want anything happening to you :/ wanna see you trolley surfing for years to come ;)

MBS206 Grand Master

MBS206

Posted
Posted

Legalaid specifies you are within your right to NOT give a statement, and there are very limited circumstances you must answer police questions. (one such time is at the scene of a motor vehicle accident)

It also specifies before answering any questions or making a statement you should seek legal aid.

Secondly if a police officer threatens you to make a statement, said statement is null and void. A statement must be made voluntarily.

GTR-N1 Grand Master

GTR-N1

Posted
Posted

Police are saying things like " if you don't make a statement a warrant will be issued for your arrest and you will be charged"

If the police say the above, your friend can exercise the option of saying, "I decline to be interviewed or to make a statement" - and do NOT enter the Interview Room

...in which case the police either have to let him go OR charge him.

If he's charged, he should seek a solicitor as Adam and Matt have rightly suggested above

Berk Mentor

Berk

Posted
Posted (edited)

There is a hotline you can call for free legal advice, look it up.

Better than asking questions on SAU where well meaning novices will give you advice based on what they've heard, like this:

AFAIK the only way you can be forced you to submit a statement is at some sort of inquest, or if you are a suspected bikie (love the new laws Barry ;) )

Edited by Berk
Yeedogga Experienced

Yeedogga

Posted
Posted

I generally shy away from giving advice on an open forum, however;

If the OP's friend witnessed a serious criminal offence and has 'material' information that the police are not aware of, and he/she refuses to tell them, he/she can be charged with concealing a serious offence.

I would suggest that your friend contact a solicitor before saying anything to police. I am a criminal defence specialist and more than happy to provide advice to your friend if required. PM me for my number if you wish.

The 'right to silence' as referred to by others above does not necessarily apply to witnesses.

Cheers

Chris

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