It is possible to be charged without a police interview in some circumstances. Examples include when the person waives their right for interview in custody, or when the person is deemed unfit for interview by an independent expert (due to mental illness or intoxication).
No. If the police believe you have information about a crime, they may ask you to attend and participate in a police interview; but you do not have to attend. Only if you have been arrested can the police force you to attend.
Police questioning
If you are a suspect, or have been arrested in relation to an offence, the police may ask you to participate in a police interview. Remember that you have the right to remain silent and do not have to answer any questions that the police may ask.
A serious indictable offence is an offence that has a maximum term of imprisonment of 5 years or more. The maximum term of imprisonment for refusing to answer is 2 years or 5 years if you gain some benefit from the information.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
Solid evidence to charge someone with a crime is not necessary. An arrest or charge against someone is only an allegation or complaint that the person either participated in or committed a crime. Police or a district attorney often file charges against someone without evidence to convict them.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
Most interviewers will accept your decline without any issue, and they will appreciate your speed and thoughtfulness. The most important thing for you to do is email ahead of time so they can continue their hiring process and schedule interviews with other candidates.
You may think that by refusing to participate in an interview indicates that you have things to hide or a guilty conscience. It's important to understand that every person has a legal right to silence and a right to refuse to answer police questions.
This means that you cannot be forced to be interviewed by police. In fact, the law provides that if you choose to remain silent, your silence cannot be used against you in court. Practical Hint: Your right to silence includes the right not to have your refusal to participate in an interview recorded.
Giving your name and address. The police do not have the right to demand your name or address without a reason. Generally, a police officer can only ask you to give your name and address if they believe you: have committed an offence.
The statement, which even many Australians will know off by heart, essentially reads as follows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."
Police will determine whether an investigation should be continued based upon the nature and circumstances of the offence, the chances of solving the crime, victim needs and community needs. If police proceed with an investigation they will: Provide the victim with a copy of their statement.
Although the purpose of both interviews and interrogations is obtaining information, the interview is an informal procedure whereas the interrogation is formally questioning a person with information about a suspected crime.
A person has a general right to remain to silent after being arrested in NSW. This comes with the exception of the need to provide your name and address in certain circumstances when dealing with the police. Offences involving motor vehicles are an important exception to the right to remain silent.
Finding out about a warrant
To find out if there's a warrant for your arrest contact the court where you were supposed to appear and ask if a warrant has been issued. A lawyer can help find out if there is a warrant to arrest you or someone else—they can write to the Warrants Bureau to find out more information.
Police Officer Interview
You'll be expected to complete a typing certificate, swimming certificate and your first aid certificate. Your case manager will provide you with a time and date to complete your physical and psychometric testing. After succeeding in all these components, you will be able to apply for the ADPP.
They can ask you to give your name and address, especially if they reasonably suspect you've broken the law. The officer must warn you that it's an offence not to give them your correct name and address. The police have wider powers to identify you if they reasonably suspect that you're part of a criminal organisation.
If you can't make it to an interview, notify the interviewer as soon as possible. Show them respect and let them know well in advance that you won't be able to attend. Be sure to mention a valid reason for canceling the interview.
Hi [Name], Thank you so much for taking the time to review my application and inviting me to interview for the [position] role at [Organization]. However, I regretfully need to withdraw my application from this process at the moment. Thank you again for your time and consideration and I hope we can stay connected.
The three specific elements (with exception) that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred (actus reus), (2) that the accused intended the crime to happen (mens rea) and (3) and concurrence of the two meaning there ...
Can I be convicted if the only evidence is the word of one person? Unfortunately, the answer is yes, if the jury believes that one witness beyond a reasonable doubt.
The grand jury determines whether there is “probable cause” to believe the individual has committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant.