Do People Have to Answer Police Questions?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

DadyO

Well-Known Member
9 July 2014
31
0
121
Just a curiosity question.

I've often watched the RBT TV show and am surprised at the questions the police ask and the willingness of the people to answer. Questions like, "when was your last drink?" seem reasonable, if a recent drink could affect the test result, but, "How many have you had, where are you going and coming from, have you had any other drugs, what have you had to eat, etc etc."

People test positive to meth and THC and say they smoked yesterday etc (my first time, of course).

Many of the questions they ask at the station seem to be for gathering statistics.

Apart from complying with the breath test and showing your drivers licence, etc do these people really need to answer all of these fishing questions? Testing positive and offering all this other information seems to be just supporting the prosecution?

Thanks
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
do these people really need to answer all of these fishing questions?
No, they don't. The right to silence exists at all stages, including pre-arrest. However they do have to provide their licence and submit to a breath test - They can refuse the breath test but can be charged with an offence.

Testing positive and offering all this other information seems to be just supporting the prosecution?
More or less, depending on the information gathered, yes it's evidence to support the prosecution.