Police Searches, Interviews & Arrests

Police Searches, Interviews & Arrests

If the police reasonably suspect that you are in the possession of stolen goods, or anything else obtained unlawfully, they may stop you and search you, and seize any property found. If you are the driver or a passenger in a motor vehicle which the police have stopped, due to reasonable suspicion that the vehicle may have been used in carrying out an offence, the driver and passengers, or the owner of the vehicle, may be asked to provide details of the driver and passengers who were in the vehicle at the time.

When investigating a criminal offence police may go looking for suspects and sometimes if a suspect is unaware of the right to stay silent and consult a lawyer before answering questions, information and even some form of admission may be unintentionally given by the suspect, leading to an arrest.

If you find yourself apprehended or arrested by police, it is best to advise them that you are not prepared to make a statement before you consult with us as your lawyers. There is no general power allowing police to arrest a suspect for questioning, or allow them to force you to participate in an identification parade.

If arrested:

  • You may be detained for investigation for no more than four hours, however that four hour detention may be extended by a further eight hours, by a Magistrate or Clerk of the Court
  • At the police station you may be cautioned, as well as being given a summary of the detention requirements
  • Before any investigation is commenced by police, you must be advised that you may contact a relative, friend or a lawyer, to let them know where you are and that you have been detained
  • If you choose to contact a lawyer then the lawyer may accompany you during the police investigation period

We recommend that you contact us before making a statement to police.