Giving a Police Statement in Australia

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In Australia, it is important to understand your rights when speaking to the police or making a written statement regarding a criminal matter, whether you are a person accused of a crime or you are a potential witness to a crime. If you are unsure, you should consult a lawyer first.
A police statement is a written document stating your version of events regarding a crime and which is signed and dated by you. You should always make sure you know what crime is being investigated before you decide to answer questions or make a statement to police. You should also always ask for a copy of your statement from the police after you have made one.
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Опубликовано:

1 окт 2024

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Комментарии : 44

@scotnoco 3 года назад

Wait, so, in NSW y ou are the right to remain silent but then it can be used against you? Then how do you excercise the rigth if then even that can be used against you? What?

@DerangedAussieMan 2 года назад

The caveat is that this only applies if you have a lawyer present. So the trick is to get your lawyer to not show up to police questioning - then you won't be penalised for staying silent.

@commonlawrights9514 2 месяца назад

This is what I do, after this interview they never want to interview me anymore 😂 ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-7rOYlg2fqMU.htmlsi=PmXjRzPmQKXrBxUB

@TwoPlusTwoEqualsFive32 5 лет назад

I have family and friends who are police, what I have learned from them is that police are not your friends when they are in uniform. If you are under investigation they will do or say anything in their power(often even outside their power) to incriminate you, even if you are innocent they will still try to take your freedom. I have been told as much by my friends, that once someone is in their sights there is really nothing you can say that will change their mind. Once locked they have an extremely difficult time letting go of their prey. My police family and friends talk about this like it's a good thing, like they are so dedicated to their job they will chase and harrass the "Criminal" to the ends of the earth, but when I stopped to think about it, all it came across as is "we ignorant to the possibility of innocence". The police uniform does that to people, it gives them a power trip, my friend was never like this before joining the force, he was more critical minded and self critical, second guessing himself. It's kind of sad to see such a change.

@OldManPaxusYT 5 лет назад

i watched a good friend 'change' over the years of being a police officer also... In the end he said things and did things that he would _never_ have said or done before....

@dedclownsRfunny 4 года назад

Yes I fear that is happening to someone very close to me right now - the detective being convinced he’s guilty I mean. He was in a mental health facility for like 6 weeks over the horrific implications which is still hanging over his head

@cheeseburgertim1694 4 года назад

Same here, he actually began to smell like pure pork....

@johnlocke4715 3 года назад

Exactly, mate. There was an author in Germany who detailed Eastern European police in the concentration camps all over Europe. Men who went from not even being able to fire a weapon to literally stabbing pregnant women, setting people on fire, executing people.. the human brain is so easily moulded and influenced, especially in a hierarchy like the police force. Every little stooge wants his promotion to detective.

@TwoPlusTwoEqualsFive32 3 года назад

@@johnlocke4715 The book I believe you are referencing or atleast something extremely similar is called Ordinary men, that details the Ordnungpolezei battalion 101 and is a fucking brutal book to read. I had to read it one chapter at a time with long breaks inbetweeen as it was frankly affecting my mental health, I am very empathetic and putting yourself in their shoes and imagining what it would take to do what they did and become what they did is very eye opening in a traumatic way.

@spasmmcspasm 5 лет назад

Show them your drivers licence to confirm name age and address. They can't conpell you to do more. Then say nothing, after that say nothing, then a little more nothing. They will get the idea pretty quick but they will give you empty threats for a while and quite possibly try good cop bad cop (yes it really is a thing I have seen it first hand), say nothing. Your time and theirs will be wasted but if you are innocent you will go home. If you are guilty you still may go home, if not you still did not incriminate yourself and make their case for them. If it drags on too long ask politely if you could make a call to inform your spouse or parent etc to organise legal representation. You could try to organise legal representation yourself but it's usually easier to have a loved one do it as it may be the middle of the night etc. Also as you will be supervised its quite likely at this point if you have done nothing wrong you have shown you are serious thus saving you legal fees. After this say nothing, then remember to say nothing, have I mentioned to say nothing?

@TwoPlusTwoEqualsFive32 5 лет назад

Only thing I would change to this is ask for food, water, coffee ect from the get go. It's a common technique at the start of an interrogation to aqueous to requests to build trust. But this can also be used to your advantage so long as you are strong willed and a little food won't get you babbling. Once they realize you aren't talking they will likely just chuck you in a cell and forget you exist for hours or days so get food and water while you have the option.

@commonlawrights9514 2 месяца назад

This is what I do, after this interview they never want to interview me anymore 😂 ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-7rOYlg2fqMU.htmlsi=PmXjRzPmQKXrBxUB

@17_73 11 месяцев назад

Holey dougnuts never give a statement in writing and always state I have nothing to say and I want a solicitor don't believe the rubbish that they will not use force to get a statement. Remember the freedom that you will preserve is yours. If you are a witness to a crime be very careful what you say and how you say it once again the teeth you need to keep could be lost so be wary about what you say.

@DarylSolis 3 года назад

"No comment" to all questions asked. No matter what

@tuitutu368 3 года назад

Are they allowed to refuse to take a report of assault? Ive not been able to find anywhere what their requirements/responsibilities are when presenting a report to a police officer? They literally run away at the scene and then i mustered up the courage to go into my local police station after 1 week of doctors appointments due to injuries as a result of the assault, the officer at the counter gave me 5 minutes to hear my version and concluded it was my fault and he couldnt do anything, didnt look at the docs reports, referrals, photos, just looked at my wounds, shrugged his shoulders and moved back to his desk, without being able to fulfil my 1 request for documentation of the legal definition of assault. And this is literally the end of my nightmare but also the beginning cause as ive learned, youre only considered a victim if the police can be bothered taking your report.... if theyre having a long week or are 15 minutes out from knock off, sorry mate, walk with you tail between your legs out of their station and go find somebody that cares. But what the hay, wouldnt want to keep them back 30minutes to read my statement and look at my evidence, how selfish of me would that be...

@brisvegasthemoneymagnetslo5470 3 года назад

Formally write your statement of affidavit and send it to the station by registered post if they won't accept it at the station. And, record absolutely everything they say and do. Notify them you are recording, either on phone or in person, so it can be used as evidence. I can't express this enough. If you still get no response, write to the appropriate agency. Again, record what you do (whether online or by letter). Get the names and as much information as possible about who your communication is with, especially time, date, names, place. Have a witness with you also who will agree to a sworn affidavit. Protect yourself. If the assault was at the hands of a government and/or its agencies/administrators, you can get the added protection of being a protected witness. Search online, as that is a right while you are going about getting justice. Get a legal dictionary. The word meanings will help you talk their talk and help you to understand their system. Lawyers are there not to serve you, but to serve the system. They have to tow their lines otherwise lose their positions. They won't try and push the envelope at the risk of their positions, so get some advice from them, but work overtime with the help of friends and family to prepare your case (which is what they do, only they have the money and knowledge and experience to squirm out of any legal recompense.It is in their interest to preserve their agencies, you are against the Mafia bosses so to speak). Best of luck

@tuitutu368 3 года назад

@@brisvegasthemoneymagnetslo5470 Thanks so much for your comment, will definitely put into action the steps you've suggested 👍👌

@robbob3553 5 лет назад

Don’t tell them anything ever use your right to remain silent, do not get a lawyer they are against you also , learn your Commonwealth Of Australia Constitution 1900uk learn your laws this is your best way to deal with police your own knowledge

@blowurn0se 2 года назад

How are you going to defend yourself without a lawyer then?

@ErnieCole-ti1xl 3 месяца назад

Consent is tge key. Silence is considered a response. You only have to say one thing. "I do not consent " that is it.

@commonlawrights9514 2 месяца назад

This is what I do, after this interview they never want to interview me anymore 😂 ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-7rOYlg2fqMU.htmlsi=PmXjRzPmQKXrBxUB

@Notarabbit911 6 месяцев назад

Book nerd geek

@yabbadabbadoo8225 2 года назад

When it comes to memory recall, the wealthier people become the poorer their memory My memory is so poor I never even know what day it is, so much for being rich lol

@jasoncox8501 3 года назад

and get hit by telephone book from the cops that your right in Australia to make you sign your rights away.

@brisvegasthemoneymagnetslo5470 3 года назад

Don't, just don't!!

@brisvegasthemoneymagnetslo5470 3 года назад

In case of repercussion, let me elaborate... Give your name, then, say absolutely nothing. Call a witness or lawyer if you are being detained under duress, unlawfully. Unlawfully, meaning, not guilty of committing a crime of death, injury or loss to another person. If there are no witnesses testifying against you. If you are guilty, you have the right to be read your rights if you are being arrested, and the right to remain silent. You also have the right not to self-incriminate. So, protect yourself. And don't give in to their bullying tactics. They say awful things to trigger a response. They will openly lie to trigger a response. Don't under any circumstances respond. And make sure you record everything (request paper and pen) or record however possible- names, dates, times, address...,any information that will help protect you ( number plates). What is said and by who. They will use clever means to trap you. Unless you have nerves of steel and are privvy to the law (apparently ignorance of the law is not an excuse), shut your mouth.