News

September 2012

Your “right to remain silence” at risk! An attack on our fundamental rights

Under laws to be introduced in October, the NSW state government proposes to pass legislation that will impact our right to remain silent. The presumption of innocence is to be effectively reversed.

People will be warned they may risk harming their defence in court if they remain silent under police questioning. If they do not give their “defence” at the time of questioning, the jury will be instructed that an "adverse inference" can be drawn against them.

It is expected the police will now say: ''You are not obliged to say or do anything unless you wish to do so. But it may harm your defence if you do not mention when questioned, something you later rely on in court.''

The president of the Law Society of NSW, Justin Dowd, said he was ''seriously concerned'' about the changes. ''The right to remain silent … is a cornerstone of our justice system,'' he said. ''The NSW Law Reform Commission considered this issue in 2000 and recommended against modifying the right to remain silent.''

The principle of presumed innocent has been enshrined in our laws for centuries. One does not have to prove their innocence (i.e. they have the "right to remain silent") and that any admission of guilt must be made voluntarily.

The Law Society of NSW says it is seriously concerned by the Government's plans to limit the "right to silence" in NSW and has called on the government to rethink its stated position and to consult widely and genuinely before taking away the rights of the citizens of NSW.

20 September 2012

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