Submission on Exposure Draft: Evidence Amendment (Evidence of Silence) Bill 2012

12 Pages Posted: 4 Mar 2014

See all articles by David A. Hamer

David A. Hamer

The University of Sydney Law School

Thalia Anthony

University of Technology Sydney, Faculty of Law

Katherine Biber

University of Technology Sydney, Faculty of Law

Penny Crofts

University of Technology Sydney, Faculty of Law

Ian Dennis

University College London - Faculty of Laws

Heather Douglas

The University of Queensland - TC Beirne School of Law

Michael Eburn

ANU College of Law

Gary Edmond

University of New South Wales (UNSW) - Faculty of Law

Salim Farrar

The University of Sydney Law School

Anthony Hopkins

University of Canberra – Faculty of Law; ANU College of Law

Miiko A. Kumar

The University of Sydney Law School

Andrew Ligertwood

University of Adelaide - School of Law

Arlie Loughnan

The University of Sydney Law School

Tanya Mitchell

The University of Sydney Law School

Andrew Palmer

University of Melbourne - Law School

Mehera San Roque

University of New South Wales (UNSW) - Faculty of Law

Lesley Townsley

University of Technology Sydney, Faculty of Law

Date Written: February 25, 2014

Abstract

The paper is a submission of Australian criminal procedure and evidence academics opposing 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. The submission opposes the changes on the grounds that it has not been shown that they are required, and also that they are exceedingly complex and are likely to create practical problems both in the police station and in the courts. The submission notes how 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. and Anthony, Thalia and Biber, Katherine and Crofts, Penny and Dennis, Ian and Douglas, Heather and Eburn, Michael and Edmond, Gary and Farrar, Salim and Hopkins, Anthony and Kumar, Miiko A. and Ligertwood, Andrew and Loughnan, Arlie and Mitchell, Tanya and Palmer, Andrew and San Roque, Mehera and Townsley, Lesley, Submission on Exposure Draft: Evidence Amendment (Evidence of Silence) Bill 2012 (February 25, 2014). Sydney Law School Research Paper No. 14/20. Available at SSRN: https://ssrn.com/abstract=2401445

David A. Hamer (Contact Author)

The University of Sydney Law School ( email )

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

Thalia Anthony

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Katherine Biber

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Penny Crofts

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Ian Dennis

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Heather Douglas

The University of Queensland - TC Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Michael Eburn

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Gary Edmond

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Salim Farrar

The University of Sydney Law School ( email )

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

Anthony Hopkins

University of Canberra – Faculty of Law ( email )

Australia

ANU College of Law

Canberra, Australian Capital Territory 0200
Australia

Miiko A. Kumar

The University of Sydney Law School ( email )

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

Andrew Ligertwood

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

Arlie Loughnan

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0246 (Phone)
+61 2 9351 0200 (Fax)

Tanya Mitchell

The University of Sydney Law School ( email )

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

Andrew Palmer

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Mehera San Roque

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Lesley Townsley

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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