Despite what the police might say, being charged by the police with an offence does not mean that you will be found guilty of that offence. It is not unknown for the Police to make mistakes in charging an innocent person. In the history of Criminal Law, there are many cases, which exemplify situations where the Police have acted either illegally, maliciously or incompetently.
It is also true to say that police are human and do make mistakes. In some cases, they may be bound to take action against someone even though they would prefer not to and in other cases, they may be biased or act illegally.
The best advice any Lawyer can give you is where appropriate “Exercise your Common Law Right to Silence” talk to us before you talk to the Police. We appreciate there are circumstances where you may have to provide answers to Police questions under certain circumstances, even still just inform the Police that you will provide them with answers to their questions immediately after seeking legal advice, then contact us.
At Atlas Legal, we have vast experience in Criminal Law, Police and related enforcement matters. We have experienced Criminal Law from both a Prosecutorial and Defence perspective, at the highest levels of the Criminal Justice System. We have represented clients, in many Courts, Jurisdictions and Royal Commission type inquiries, including;-
- Australian Securities and Investments Commission section 19 inquiries,
- Australian Competition and Consumer Commission inquires,
- Australian Tax Office inquiries,
- Australian Crime Commission inquiries,
as well as clients’ charged with various Criminal Offences including;-
- Armed Robbery,
- Collusive Conduct,
- Drug Supply,
- Market Manipulation,
- Money Laundering,
- Pervert the Course of Justice,
and all the way down to traffic related matters for Drink Driving and Speeding Infringement Notices.
At Atlas Legal, we do not pay lip service to Human Rights we fight for them. As exemplified by Woolmington v DPP  UKHL 1 a famous House of Lords case in English law, where the presumption of innocence was first articulated in the Commonwealth.
In articulating the ruling that came from that case, Viscount Sankey made his famous “Golden thread” speech:
“Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner’s guilt subject to … the defence of insanity and subject also to any statutory exception. If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner … the prosecution has not made out the case and the prisoner is entitled to an acquittal. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.”