NSW Right to Silence Reforms
6 Pages Posted: 3 Mar 2014
Date Written: February 25, 2014
Abstract
The paper opposes the NSW Government's proposed changes to the right to silence. These changes (later implemented) allow an adverse inference to be drawn from a suspect's failure to provide information during police interview. It has not been shown that changes are required. Further, the changes are exceedingly complex and are likely to create practical problems both in the police station and in the courts. Similar changes in England are generally viewed as creating more problems than they have solved.
Keywords: right to silence, criminal procedure, police interview, evidence, proof, law and order
JEL Classification: K10, K14, K30
Suggested Citation: Suggested Citation