Silence in the High Court

Abstract:     
When apparent criminals refuse to speak (or insist on denying their guilt), how far can the police go to change their minds? Specifically, where will courts draw the line when it comes to admitting the fruits of those methods in a criminal trial? To some, these questions - raising, as they do, the state's access to its citizens' deepest secrets - are central to civilisation. To others, any qualms about police interrogations aside from torture and false confessions are those of an 'old woman'. Six current members of the High Court have now placed themselves firmly in the second camp. This note examines the way the High Court now develops the law of evidence when a novel question arises about suspects' right to silence and the law's protection of it.

Keywords: right to silence, self-incrimination, High Court of Australia, evidence law, police

JEL Classifications: K42

Accepted Paper Series