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How to deal with police after being arrested

  • Emily Parsons
    Jul 29 2019, 12:55 AM
    Being arrested, whether you’re guilty or not, can be a scary experience. For first time offenders, being arrested can be extremely distressing, for repeat offenders, past experiences can only make the situation worse. While in Australia, there’s a strict code of conduct that police officers must follow, there are certain instances where you may be subject to police interrogation or intimidation. How should you deal with this, and is it possible to avoid intimidation?

    Police Intimidation
    Once you have been arrested under the suspicion of a crime, it’s likely that you will be interviewed during the process. While police officers have no legal obligation to read your rights unless it’s a serious crime such as assault, robbery or murder, it’s important to remember that you have the right to remain silent throughout the entire process.
    During these interviews, police may use intimidation tactics in order to try and get a confession out of you, regardless if it’s true or false. In most cases, police officers are bound to the Police Powers and Responsibilities Act 2000 (QLD). Although, in some instances, police officers may use force or coercion in an interview setting to try and gain a false confession. This is generally considered intimidation and a breach of conduct.

    What is police intimidation?
    It can be hard to know just what powers police officers have and can use. Being arrested can be overwhelming and typically things are out of your control. But how do you know if there has been police misconduct?

    Under the Crime and Corruption Act 2001 (QLD), police misconduct is considered as the following:
    - Behaviour that is improper, disgraceful or unbecoming of a police officer.
    - Actions that demonstrate that a police officer is unfit to continue their duties or service.
    - Conduct that is not to the standard of care that is expected.

    Even with these outlines, it can be difficult to know when misconduct has occurred due to your emotions, and the possible overwhelming nature of the situation. Whether you believe there has been a breach of conduct or not, it’s often your best option to contact an experienced criminal lawyer, like those at Harper Finch Lawyers, who can help you with your case and make a formal complaint if you believe misconduct has occurred.

    Instances of police misconduct include unnecessary force and coercion. However, you will need to distinguish if the actions were actual misconduct, or a minor offence and would likely not merit a misconduct complaint. For example, an officer might be rude, though not breaching conduct.

    How to deal with intimidation
    If you choose to undertake a police interview, it must be recorded with visual and audio. This recording can be used as evidence in court, so again, it’s best to discuss this with your lawyer. Your lawyer can also be present during the interview process which can help you make the right choices, avoid interrogation and ensure your rights are upheld.
    If you have received injuries as a result of excessive force from an officer, it can be a good idea to take pictures of the injuries to use as evidence in any complaint you make. If you believe you have grounds to make a complaint, you can give a statement to your states corresponding organisation. For example, in Queensland this government organisation is the Crime and Corruption Commission (CCC). The CCC investigates systemic corruption within the Queensland police service, prisons, local governments and courts and tribunals.
    If you make a complaint for police misconduct such as intimidation, the CCC will then determine the legitimacy of the claim and instigate disciplinary action if any misconduct was found. On the other hand, if your complaint is found to be forged or based on lies, you may be charged.

    Police interactions can be stressful for anyone. If a police officer is using excessive force, or intimidation, the situation can be overwhelming. Knowing your rights, contacting a lawyer and remaining calm is your best approach to dealing with police after being arrested.

    [Edited Jul 29 2019]



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