A member asked about 8 years ago

Statements to the police

I have to go to court for something that I did not do. There are three people. There is the victim, the daughter of the victim, and the son in law. I have had multiple issues with the mother and she has both physically and verbally abused me. Each time I have reported her people have lied to defend her. This time I was arrested and I had no witness to see the whole event. The police have already taken sides. Half of my statements are not on the paper. They have started the whole incident half-way through and have only said half of what I have told them on the papers. What are my rights? 

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It is not clear what criminal offence you were arrested for or the reason you must attend court. Below is some general information that may help you.

When the police are investigating a matter, their job is to collect evidence that will support the prosecution of the offence. A person accused of an offence may be interviewed by police for the purpose of obtaining such evidence (e.g. witness statements). The police’s job is not to resolve the matter or dispute, so they do not need to listen to everyone’s point of view.

Resolving the matter and hearing both sides of the story is the responsibility of the court. At court, an accused person can plead ‘guilty’ or ‘not guilty’ to an alleged offence. If they plead ‘not guilty’, the prosecution will make their case, and then the accused person can put forward their own story or version of events. The accused person may choose to present evidence in support of a valid legal defence. The court (either a judge or a jury, depending on the type of offence) will then decide if the accused person is guilty.

While police have a responsibility to help prosecute crimes, including obtaining evidence in support of their case, police must follow strict procedural rules and codes of conduct. If you think the police have acted improperly, you can lodge a formal complaint with the NSW Police Force by calling the Consumer Assistance unit on 1800 622 571.

Suggested way forward

If you have been charged with an offence, it is important to understand your legal rights and options before you attend court. You should consider speaking to a criminal lawyer for assistance. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 8 years ago   Legal disclaimer

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