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The police strongly suspect that Tony, aged 40, has committed a criminal offence and wish to interview him at the police station - VCE - SSCE Legal Studies - Question 4 - 2008 - Paper 1
Question 4
The police strongly suspect that Tony, aged 40, has committed a criminal offence and wish to interview him at the police station. Explain one individual right that T... show full transcript
Worked Solution & Example Answer:The police strongly suspect that Tony, aged 40, has committed a criminal offence and wish to interview him at the police station - VCE - SSCE Legal Studies - Question 4 - 2008 - Paper 1
Step 1
Individual Right That Tony Has
Answer
Tony has the right to remain silent during police questioning, which is often informed by his constitutional protections. This means he is not obliged to answer any questions that might incriminate him. This right protects individuals from self-incrimination and ensures fair treatment in legal proceedings.
Step 2
Power the Police Have
Answer
The police have the power to detain Tony for questioning if they have reasonable grounds to suspect his involvement in a criminal offence. This power is regulated by law and requires that the police conduct their inquiry respectfully while upholding Tony's rights throughout the process.