Can Police Take You In For Questioning?

Can police hold you for questioning?

If you have been arrested by the police on suspicion of an offence, then the police can detain you in their custody for the purpose of questioning you.

The actual questioning itself can take a relatively short time.

The police are not usually in a position to interview someone straight away when they are arrested..

What to do if you are questioned by the police?

What do I have to tell the police? You have the right to silence. You do not have to make a statement or answer any questions, BUT failing to give your correct name, address and age is an offence. Even if you are arrested for questioning you still have the right to silence.

Who decides if charges are to be filed?

prosecutorA criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment.

How long can you be under investigation?

The police would either have to charge the suspect within 28 days, seek an extension or ‘release under investigation’ or ‘RUI’. But the 28-day limit is tricky for the police: it is not necessarily simple to charge someone, there may be further investigations that need to be made.

What do you say to police when being questioned?

DO tell the police your name and basic identifying information. But nothing else. DO say “I want to remain silent” and “I want to talk to a lawyer.” They should stop questioning you after that. DO make sure you get your 3 phone calls within 3 hours of getting arrested or immediately after being booked.

What do the police see when they run your name?

In general, police have unrestricted access to the DMV, driver’s license, and warrant databases, as well as the local police records.

Can you refuse to go in for questioning?

Even if you’re not the subject of a criminal investigation, you always have the right to decline to answer police questions. This applies whether an officer approaches you on the street, calls you to come into the station for questioning, or even after you’re arrested.

Can you refuse to answer police questions?

Regardless of whether you have been arrested, imprisoned, detained, or simply feel as if you cannot walk away from a police officer, you generally do not have to answer any questions that the police are asking you. … As such, it gives you the right to refuse to answer questions that a police officer asks you.

How long can police keep you for questioning?

The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.

How long can police keep you under investigation?

If you have been arrested on suspicion of an offence, the police are allowed to detain you for a reasonable time to carry out investigations, for example, to interview you, if you agree to being interviewed. This period cannot normally be more than six hours (unless an extension is granted by a detention warrant).

How long can a police investigation take?

One of the main roles of the NSW Police Force is to detect and investigate crime and prosecute offenders. The investigation of a crime can take weeks, months or even longer depending upon the amount and type of evidence required to complete the investigation.

What are my rights when police stop me?

What are my rights if I’m stopped? First things first, you don’t need to answer any questions, nor provide any personal information, other than your name and address. You are also required by law to hand over your driver’s licence so police can check you’re telling them the truth.

Can I find out who called the cops on me?

You probably won’t ever know. Police departments protect the identity of complainants so that people won’t find out who called on them. … In the US, you can file a Freedom of Information Act (FOIA) request with the local police asking for any records they might have on you.