What happens when the police investigate a crime in Queensland?
If you are under police investigation for a criminal offence, what you say and do during the investigation stage is critical and can significantly affect the outcome of the matter. Our criminal law team have outlined in this article some of the key issues to be aware of.
What is a pre-text phone call?
A pre-text phone call is an investigation strategy used by police investigating criminal complaints. It is often used in the investigating of sexual offences, such as sexual assault, rape and indecent treatment of a child under 16. You may receive a pre-text phone call before you are aware you are under investigation.
A pre-text call is a recorded phone call made to the suspect of a criminal offence. The call is made by the person who made the complaint, or in cases involving a child, it may be made by the child’s parent or guardian. The call is facilitated by the investigating officer at a police station and is recorded. The purpose of the call is to attempt to elicit admissions to the offence from the suspect. If admissions to the offence or other adverse statements are made by the suspect during the call, it can be used as evidence against the suspect in court.
Participating in a pre-text phone call can significantly affect the outcome of a matter. If you suspect you are under police investigation, seek legal advice and be mindful of a potential pre-text phone call.
Should I do an interview with police?
In the investigation of a criminal complaint, police will contact the suspect and offer them the opportunity to participate in an interview.
Being contacted by police can be stressful and confusing. Many people assume that cooperating immediately and answering questions will help resolve the matter quickly. However, what you say during a police investigation can significantly affect the outcome of your matter.
In Queensland, there is a protection against self-incrimination, which means you are not required to speak to police or answer any questions except to provide your name and address. This is called the right to remain silent.
If you are under investigation, you should always speak to a criminal lawyer first. Importantly, this applies to both formal interviews and informal conversations with police. There is no such thing as “off the record” in a police investigation. Officers may make notes and record conversations. Even where your statements to police are not admissible in court, police may use your statements to direct their further enquiries and gather evidence against you.
You should only ever participate in an interview with police after obtaining legal advice. This is because even well-intentioned explanations can unintentionally:
Admit elements of an offence
Create inconsistencies
Limit available defences
Strengthen the police case
Obtaining legal advice from a Brisbane criminal lawyer early allows you to make informed decisions about whether to participate in an interview and what approach to take.
Gathering and Preserving Relevant Evidence
Another important step if you are under investigation is the preservation of evidence. Exculpatory evidence is evidence that tends to prove your innocence of the offence. It is critical to preserve exculpatory evidence at an early stage before it is lost destroyed. A common example is CCTV footage which is often overwritten after a certain period, which can be as short as a couple of days.
Other relevant evidence may include:
Phone records
Text messages
Emails
Social media content
Witness statements
How can our criminal lawyers help
We communicate with police on your behalf. Once retained, we will contact the investigating officer to:
Clarify the nature of the investigation
Obtain further information
Respond to the invitation to participate in an interview
We will provide you with comprehensive advice regarding the risks and benefits of participating in a police interview tailored to your specific circumstances.
In appropriate cases, we will engage with police to discuss alternative resolutions to the matter, such as a referral to mediation or the issue of a caution or infringement notice.
Where the police decide to lay charge, we assist in arranging the process cooperatively.
Importantly, we will gather and preserve relevant evidence in a format that is admissible in court ensuring exculpatory evidence is not lost.
If you are under police investigation, early legal advice can make a significant difference to how your matter is resolved. To discuss your matter confidentially, contact Jessica Incledon or the team at Ashworth Lawyers.
