Submission on Exposure Draft: Evidence Amendment (Evidence of Silence) Bill 2012
12 Pages Posted: 4 Mar 2014
Date Written: February 25, 2014
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: Suggested Citation