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Know Your Rights: Your Right to Silence

In Australia we have the right to silence, this means:

  • You do not have to make a statement to police.
  • You do not have to answer questions other than providing your name and address.
  • You do not have to go to a police station unless you are taken into custody (ie: you are under arrest) and told what offence you are suspected of committing.
  • If you are under the age of 18, police must ensure that there is an adult you trust present when they interview you.
  • You do not have to agree to take part in an ID parade unless police have an Order from a Court, and
  • You do not have to agree to undergo a forensic procedure. However, police can take your fingerprints if they believe you have committed an offence and you are aged 15 or over.

This information has been provided by Tehan Legal