What Is A Significant Comment?

What is a significant statement?

A significant statement or silence is one which appears capable of being used in evidence against the suspect, in particular a direct admission of guilt, or failure to answer or refusal to answer a question or to answer it satisfactorily which might give rise to an inference under Part III of the Criminal Justice and ….

Do you have to go with police for questioning?

No. Police can ask you to accompany them to a police station for questioning, but you are not required to go unless you have been arrested for an offence. You should speak to a lawyer before you speak to the police. … Legal Aid NSW does not provide lawyers for this purpose.

What is the Garrity Law?

The basic premise of the Garrity protection is straightforward: First, an Officer cannot be compelled, by the threat of serious discipline, to make statements that may be used in a subsequent criminal proceeding; second, an Officer cannot be terminated for refusing to waive his Fifth Amendment right to remain silent.

What is a significant witness?

Significant witness have a particular relationship to the victim or have a central position in an investigation into an indictable offence.

What is a significant silence?

A significant silence is a failure or refusal to answer a question satisfactorily when under caution (e.g. during a previous interview), which might give rise to an inference under the Criminal Justice and Public Order Act 1994 16. Also see Inferences From Silence.

What is the best evidence?

Best evidence, also known as primary evidence, usually denotes an original writing, which is considered the most reliable proof of its existence and its contents. If it is available to, and obtainable by, a party, it must be offered into evidence at a trial.

Why do they say no comment?

There is no magic to the phrase no comment. It is simply a device for a suspect to indicate that they have no intention of answering police questions. It allows the police to put questions and the interview to progress easily.

Can you record your own police interview?

With that said, there are occasions when police can legally prevent you from filming. … For example, while you may film police officers in NSW, recording their conversations without their knowledge is an offence under the Privacy and Personal Information Protection Act.

Why do lawyers tell you to say no comment?

‘ Today, courts can use silence (or no comment answers) as an inference of guilt. This means that saying nothing, in some cases, can do more harm than good. However, there are occasions when it’s good to stay schtum.

What is a no comment interview?

Make “NO COMMENT” to all questions. There is no such thing as a friendly chat with a police officer. Everything you say can and will likely be used as evidence. If they interview you, give a “No Comment” interview, unless under explicit advice from a good solicitor to make a written statement.

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.

What are the four components of witness capacity?

The elements of witness capacity are the ability to perceive, remember, narrate in an understandable manner, and sincerity.

What questions do Detectives ask?

Sample Questions to Ask the Witnesses:What did you witness?What was the date, time and duration of the incident or behavior you witnessed?Where did it happen?Who was involved?What did each person do and say?Did anyone else see it happen? … What did you do after witnessing the incident or behavior?More items…•

Can you say no comment to police?

You would do a “no comment” interview because you do not want the police to use your own words against you. The right against self-incrimination is one of the most fundamental rights we have. … The fact that there has been a “no comment” interview means that it cannot lead to evidence.

What happens when you tell a cop I don’t answer questions?

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

Can I be charged without being interviewed?

You cannot be refused bail simply for refusing to be interviewed. Refusing to be interviewed is not being uncooperative – it is your right to say no and you cannot be penalised for it.

What does a caution mean?

Purpose. A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution.

What does it mean to say no comment?

No comment is a phrase used as a response to journalistic inquiries which the respondent does not wish to answer. Public figures may decline to comment on issues they are questioned or have nothing to say about the issue at the time.