Daly, Yvonne MarieORCID: 0000-0001-5654-665X
(2014)
The Right to silence: inferences and interference.
Australian and New Zealand Journal of Criminology, 47
(1).
pp. 59-80.
ISSN 1837-9273
The right to silence, or the privilege against self-incrimination, has long been recognised as an important procedural protection for the accused in the criminal process. The legislature of New South Wales, however, has introduced legislation to curtail that right by allowing for adverse inferences to be drawn at trial from the pre-trial failure of the accused to mention a fact later relied on in his defence. This article considers this legislative change in comparative context, drawing on the experience of interference with the right to silence in the Republic of Ireland, in England and Wales and in the judgments of the European Court of Human Rights. Particular attention is paid to the interaction between the right to silence and the right to legal advice, including the issues of duty solicitor schemes, legal professional privilege and suspect reliance on advice to remain silent.
Item Type:
Article (Published)
Refereed:
Yes
Uncontrolled Keywords:
criminology; criminal procedure; criminal law; law of evidence; right to silence; right to legal advice; European Court of Human Rights
The final, definitive version of this paper has been published in the Australian and New Zealand Journal of Criminology, 47/1, April/2014 published by SAGE Publishing, All rights reserved. http://anj.sagepub.com/content/47/1/59
Use License:
This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:
21503
Deposited On:
08 Dec 2016 10:27 by
Yvonne Daly
. Last Modified 17 Jan 2020 11:50