NSW Right to Silence Reforms

6 Pages Posted: 3 Mar 2014

See all articles by David A. Hamer

David A. Hamer

The University of Sydney - Faculty of Law

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

Hamer, David A., NSW Right to Silence Reforms (February 25, 2014). Sydney Law School Research Paper No. 14/21, Available at SSRN: https://ssrn.com/abstract=2401458

David A. Hamer (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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