Can I Refuse To Give A Police Assertion

June 1, 2023by Naomi Cramer


Can I refuse to present a police assertion?

Sure, you’ll be able to refuse to present a police assertion if you’re a suspect or individual of curiosity in an investigation. Keep in mind that something you say to the police can be utilized towards you.

If you’re a witness, it is very important perceive that nobody could be compelled to make a press release by the police. Nevertheless, you could be subpoenaed to seem in courtroom in the event you witnessed a crime.

What are the Potential Penalties of Refusing to Present a Assertion?

You could be asking your self the query: Can I refuse to present a police assertion? What would occur as soon as I do? 

Refusing to supply a press release in a scenario involving an Apprehended Violence Order (Safety Order) can have numerous penalties.

Earlier than deciding whether or not or to not give a press release to the police, it’s important to think about the next:

  1. Affect on the police investigation: Refusing to supply a press release might hinder the police’s potential to conduct a complete examination. With out your data, the police could depend on different sources of proof or draw conclusions based mostly on restricted data. This will have an effect on the Safety Order proceedings’ end result.
  2. Court docket’s notion: The courtroom could view your refusal to supply a press release negatively when deciding whether or not or to not grant the Safety Order. The courtroom might interpret your refusal as an indication that you’ve one thing to hide or are unwilling to cooperate with the investigation.
  3. Weakened defence: If you happen to select to not present a press release, you might lose the prospect to make clear your aspect of the story or any mitigating circumstances related to the case. This will undermine your defence and negatively affect the Safety Order proceedings.
  4. Strained relationship with legislation enforcement: Refusing to supply a press release might create pressure between you and the police, leading to a more difficult Safety Order course of.
  5. Authorized penalties: Whereas it’s usually inside your rights to refuse to supply a press release in regards to the alleged offence or incidents associated to the Safety Order, there could also be situations through which refusing to cooperate with the police might lead to authorized penalties, resembling obstruction of justice expenses.

Can I refuse to present a police assertion as a witness?

If a witness refuses to supply a press release, the police could also be unable to conduct an intensive investigation.

Lack of expertise from witnesses might result in an incomplete understanding of the scenario, affecting the end result of the Safety Order proceedings.

If a witness refuses to make a voluntary assertion, the police or prosecution could pursue a subpoena or different courtroom order to compel the witness to testify in courtroom.

If a witness is ordered to testify and refuses to conform, they could be held in contempt of courtroom or face fines and different penalties.

Relying on the particular circumstances and jurisdiction, refusing to make a press release or testify as a witness could possibly be thought-about obstructing justice.

Based on Crime Act 1900 – Sect 319, Obstruction of justice is an offence that will lead to fines or imprisonment.

There is also ethical and social implications. As a witness, you’ll have data that would forestall future offending and assure that justice is served.

Refusing to supply a press release could unwittingly contribute to an unjust end result or place somebody at risk.

Conclusion

Query: Can I refuse to present a police assertion?

Reply: You’ll be able to refuse to present a police assertion if you’re a suspect or individual of curiosity in an investigation. Keep in mind that something you say to the police can be utilized towards you.

If you’re a witness, it’s best to know that nobody could be compelled to make a press release by the police. Nevertheless, they could receive a subpoena so that you can seem in courtroom to testify in the event you witnessed a crime.

Want Steering About Safety Order?

At Justice Household Legal professionals, we perceive the complexity of AVOs and ADVOs, and we’re dedicated to offering our clients with the very best high quality authorized recommendation and illustration. 

Our Safety Order lawyers and practitioners are extremely skilled and educated, and we’re dedicated to serving to our clients obtain the very best end result.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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