If you’ve been arrested and are being questioned by police, a lot of questions probably come to mind:
- Should I make a statement?
- Am I going to be released?
- What are the police allowed to ask me?
The police don’t always ask any questions. For charges like impaired driving, theft under, domestic assault, drug trafficking or firearms offences, the police will generally interrogate an accused person.
For charges like breach of probation or breach of recognizance it is less likely to be questioned.
Should I make a statement?
Short answer: No. You have a right to remain silent and your should exercise that right if you are being questioned by police. For more information see Tom Rees & Company’s article: Should I make a Statement to Police?
Am I going to be released?
The police have the discretion to either release you or keep you in custody pending a bail hearing. They look at factors like:
- Whether you have any previous criminal convictions
- Whether you have failed to appear in court in the past
- The seriousness of the charges you face
- Whether you were on probation or bail when they arrested you
What are the police allowed to ask me?
The police are generally given a wide berth when it comes to the type of questions they can ask you. They are allowed to lie to you about the evidence against you like how many witnesses there were and whether the incident was captured on video. They are not allowed to offer you a legal benefit like a good sentence.
It is important that you do not answer police questions. You should tell them that your lawyer told you not to say anything.
One of the leading cases from the Supreme Court of Canada with respect to statements to police is called Oickle. The read Oickle, click here.
If you have been arrested by police, call Tom Rees & Company at 204.415.5544 ext. 9, to speak to our 24-hour emergency on-call lawyer.
*Note: The information on this page is for general knowledge only. It is not legal advice.