Danielle Beston talks about why it helps to be familiar with the New Zealand Bill of Rights Act 1990.
If you have been arrested or charged with an offence, it helps to be familiar with the New Zealand Bill of Rights Act 1990, which sets out several important legal rights and protections. This month, I will be summarising some of these sections. If you understand how the law works, you can minimise some of the negative consequences of arrest and prosecution.
Some of my clients keep a small card in their wallet with my telephone number and bullet points to remind themselves about these rights. This means they can be prepared in the event of any encounters with the police.
Questioning
If the police ask you for your name, date of birth and address, you must provide them. If you have given them your correct details and you are not under arrest, you can walk away and say nothing. Sometimes you will be handcuffed, and it will be obvious. But if you’re unsure whether you have been arrested, just ask. If someone else you know has been arrested, call a lawyer.
Witnesses
If you have seen someone committing a crime, you can report it to the police and make a statement. If you do so, you may be called as a witness to give evidence in Court if the alleged offender pleads not guilty. It is helpful to write down everything as soon as possible after any incident because you don’t know how long it will be before the matter goes to Court. This applies equally to anyone charged with an offence because your memory will fade with time.
Arrest, detainment and charges
If you have been arrested, you must accompany the police, even if you haven’t done anything wrong. If you struggle, you can be charged with obstructing a constable or resisting arrest. If you run away after you’ve been arrested, this is an offence, and you can be charged with escaping custody. Don’t even consider this as an option because it will only land you in more hot water. Just remember that the matter can be sorted out with the assistance of a lawyer when you go to Court.
Exercise your right to a lawyer immediately
Ask why you have been arrested because the police must tell you. If they want to ask you questions about what has happened, do not say anything until you have spoken to a lawyer. This is very important. If you don’t know any lawyers, the government pays for lawyers to be available to contact by telephone 24 hours a day, seven days a week. The police can give you this list of lawyers and you must be allowed to speak to them without delay and in private. Be persistent about asking to speak to a lawyer and keep asking until you are allowed to make the call.
The pitfalls of defending yourself
Protect yourself by always having the contact number of a lawyer with you. Taking legal advice before you speak to the police could make all the difference. For example, if you have a defence, it is often advisable to disclose it at the earliest available opportunity. However, whether your explanation provides you with a defence rather than being simply a mitigating circumstance can be a fine line, particularly for someone without any legal training. If you do make a statement without consulting a lawyer and it prejudices your position, the damage may be irreversible.
Right to silence
You do not have to answer any questions or make a statement. It is a serious offence to give a false statement. You can be charged with giving a false statement or perverting the course of justice, so the decision to communicate with the police must be carefully considered.
Don’t be fooled into thinking there is such a thing as an off-the-record conversation when you speak to the police. No matter how friendly they are, remember that they can use any comment you make as evidence against you when you go to court. This includes informal chat in the police car on the way to the police station. So don’t get into a conversation with them at all, even if they aren’t holding a pen and paper while you’re speaking.
If at any stage you are unsure about what you have to do or don’t have to do, ask the police what your rights are because they have to tell you.
Next month, I will discuss more about your rights once you have been charged and need to prepare a defence. If your rights are breached, there are some remedies you can pursue. These depend on the nature of the breach, and I will outline some of these options.
