IN New South Wales we do not have a ‘right to silence’ in the strict sense, like that which exists in the United States of America. However, people in New South Wales who are being questioned by police generally do not have an obligation to cooperate.
Recently, a Sydney man was asked by Police whether he had any drugs in his possession. Intoxicated at the time, he instinctively answered “no”. The man was then searched, and a drug was found. At the man’s sentencing, the Magistrate placed his credibility into question, suggesting that as he lied to the Police, she could not find him to be honest, and therefore could not believe his submission that he would not reoffend. She then proceeded to sentence him on that basis.
Why say anything at all before you have obtained legal advice?
In the case of serious offences, negative inferences can be drawn by the Court if an individual remains silent after being charged.
This article is not legal advice, and should not be relied upon as legal advice.
WHAT SHOULD YOU DO WHEN YOU ARE BEING INVESTIGATED OR QUESTIONED BY THE POLICE?
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