We all know the carol Silent Night. As we head into the holidays, it is important to know that you truly do have a right to remain silent.

As the festive season comes into full swing, it is inevitable that there will be an increase in driving-related and alcohol-fuelled incidents. Here we provide some useful information on how the law protects us and give some advice for dealing with police encounters.

A police officer can arrest anyone without a warrant if they have reasonable grounds to suspect they have committed an offence or are committing an offence. The burden of proof, or onus, is on the police to gather the evidence to support these grounds. On arrest, the officer must caution the arrested person — or as soon afterwards as is reasonably practicable — that they have been arrested and that they are not obliged to say anything, but that anything they do say may be used in evidence against them.

In plain terms, after arrest a suspect need not say anything to the police, beyond providing basic personal information — name, date of birth and address.

It may be that a well-intentioned person is inclined to give their version of events to a police officer if requested to do so. However, silence carries no penalty or adverse comment. In other words, your right to silence stays with you from the moment you are arrested right through to court.

The police may also want to search you. Remember you are always entitled to know why. There must be some specific information or intelligence that leads to the search. Previous dealings with the police, your race, gender or your position in society are not good enough reasons to be searched. Usually, they will search you if they have reasonable grounds to suspect that you are in unlawful possession of something such as controlled drugs, offensive weapons or stolen property.

The police can search you in two ways. The first way is with your consent, which you can refuse. Alternatively, you can be searched without your consent provided certain requirements are met under the Police and Criminal Evidence Act 2006. The onus is on the police to ensure these requirements have been met. You cannot refuse this type of search and it is an offence to obstruct or hinder a police officer carrying this out.

The best advice is to never drink and drive. Depending on your physical make-up, one drink may put you over the limit. The police are there to serve and protect, and they take this duty seriously, which includes protecting road users. If you are stopped, it is sensible to be respectful and courteous.

If you are stopped when you are driving because the police have reasonable and probable grounds to suspect you have been driving while impaired by alcohol or drugs, the police have the power to demand you take a breath test. It is an offence to fail or refuse to comply with this demand.

There are three ways you can end up in the police station:

• Because you have agreed to attend on a voluntary basis by invitation. You are free to leave at any time if you attend on this basis

• Where the police have reasonable grounds for suspecting you have committed an offence. You can be detained for up to 48 hours. However, the period of time that you are detained has to be justified and proportionate to the circumstances of the offence. Depending on the gravity of the offence and what further investigation needs to be carried out you can be detained for a further 24 hours, on written authority from a police superintendent or higher

• Where they have sufficient evidence to charge you with the offence. Again you will be read your rights

On arrival, forms will be completed and your rights must be explained to you. You may be searched, photographed, fingerprinted and a warrant could be obtained for blood or urine, which will be carried out by a doctor. At the end of the detention period, you may be released, bailed or charged and brought before the courts.

However you end up at the police station, you should also be advised of your right to a consultation with a lawyer at any time. The police have a duty to advise you of this right. You can ask for the lawyer of your choice to be contacted, or there is always a criminal lawyer on duty and contactable at any time of the day or night for this specific purpose.

You may consult with the lawyer on the telephone or in person, depending on the particular circumstances. Never be embarrassed to ask for your lawyer to come to see you.

Alternatively, you can make an informed decision to waive your right to access to a lawyer. For serious matters, I do not advise you do this. More often than not, the process is stressful and you will need all the advice you can get during this time. If you do waive your right, you can change your mind at any time and ask the police to contact a lawyer for you.

At interview the police may ask questions which are not directly related to the offence. Some questions may seem perfectly innocent to you. Whatever they ask, your right to silence prevails and should be exercised. Whether you have a lawyer present or not, you are entitled to ask to stop the interview at any point and as many times as you require for a consultation with a lawyer during your interview. The rationale behind the legal doctrine to silence is the right not to incriminate yourself. In simple terms, you do not want to be a witness in your own case.

Exercising your right to silence is not the same as being obstructive or uncooperative with the police. You can still be co-operative and polite, and exercise your right to silence. Whereas nothing bad can be said of your right and decision to remain silent, you could be criticised down the line or even punished for being uncooperative or obstructive.

Remaining quiet and politely choosing not to answer police questions is your right under Bermudian law. Just remember the carol Silent Night.

• Victoria Greening is a legal counsel at Chancery Legal Ltd. She was admitted to the Law Society of Scotland in 2010 and worked as a prosecutor and defence lawyer before returning to Bermuda to work for the Department of Public Prosecutions in 2014, joining Chancery Legal in January 2019