Do you have the right to remain silent in NSW?

The right to remain silent when one is suspected of a crime is a basic common law right. It includes the right to decline to answer questions when interviewed by the police as well as the right to choose not to give evidence when being tried by a court.

What is a special caution NSW?

In the case of certain serious offences, police can administer a ‘special caution’. The effect of the ‘special caution’ is that if you then fail or refuse to tell police a fact that is later relied on in your defence in court, it may permit the court to use your silence against you.

What are the rules of evidence NSW?

To be relevant, evidence must tend to prove a fact in issue, or must go to the credibility of a witness. Admissible evidence may be heard and considered by the magistrate, judge or jury deciding the case.

Is the right to silence effective?

The right to silence when being interviewed or questioned by police would be considered a fundamental legal right by many people. But it is not a “right” you can exercise in New South Wales any more. The NSW Parliament has passed criminal justice reforms to “make trials more efficient”.

Can I refuse to give a statement to the police NSW?

Even if the Police ask you a direct question, you have a right to not answer it. You are not obliged to say anything. If you do not want to answer questions, you should tell the Police outright that you do not wish to be interviewed at all.

Do Australians have the right against self-incrimination?

‘Pleading the fifth’: High Court narrows the privilege against self-incrimination in Australia. A cornerstone of any justice system is the right to privilege against self-incrimination. In other words, individuals should be protected from convicting themselves “out of their own mouths”.

What is reasonable suspicion NSW?

Reasonable suspicion, the legal standard which must be met before police officers can exercise certain powers, is based on information in the mind of the police officer at the time a power is wielded. Less than a reasonable belief, it is more than a possibility. It is not arbitrary.

What are the rules of evidence Australia?

The laws of evidence prescribe standards to which a fact must be proved: in civil proceedings, facts must be proved on the balance of probabilities; and. in criminal proceedings, facts must be proved beyond reasonable doubt.

What is the 5th Amendment in Australia?

The Australia Constitution contains no right to avoid self incrimination or to refuse to give a statement to police. Unlike the situation in America where the constitution contains the fifth amendment which provides: no person “shall be compelled in any criminal case to be a witness against himself …”

How long can NSW police detain you?

six hours
After arrest in NSW a person can be detained for a six-hour investigative period. This period can be lengthened by a warrant from the court for a further six hours.