New Law for NSW: The 5 Words that Lead to Conviction

[Rev.Cambeul]

Five words you need to remember when dealing with the police: I have nothing to say.

Well, according the Sydney Morning Herald, not saying anything at all can now be as detrimental to your case as saying nothing at all. However, any good lawyer will still tell you that you should say nothing if you are guilty and continue to say nothing if you are innocent. Further, while you should never lie to the police, more often than not, the truth will not set you free. So unless you are in a unique situation where talking is your only hope of not being arrested - and they are few and far between - KEEP YOUR TRAP SHUT!

@Cailen.



'Right to silence' law changed

Anna Patty | Sydney Morning Herald

http://www.smh.com.au/nsw/right-to-silence-law-changed-20120814-2462p.html

The right to silence will be watered down under changes announced today by the O'Farrell government as part of its response to bikie gang violence.

People will be warned that they may risk harming their defence in court if they refuse to give police information about a crime under proposed new laws.

It's been too easy to say: 'I have nothing to say'. Jurors are smart enough to know if there is something suspicious about evidence which suddenly appears at a trial and is designed to get the accused off.

The caution police now give is: "You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?"

This will be changed to: "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. Anything you do say and do may be given in evidence. Do you understand?"

NSW Premier Barry O'Farrell said the Evidence Act would be amended to allow juries to make an adverse finding against an alleged criminal who refuses to speak to investigating police, but later produces "evidence" at trial.

Under existing laws, trial judges may instruct juries to draw an adverse inference from a failure to assist police with their inquiries.

A draft bill will be finalised by the end of this month and legislation will be introduced in October.

"It's been too easy to say: 'I have nothing to say,'" Mr O'Farrell said. "Jurors are smart enough to know if there is something suspicious about evidence which suddenly appears at a trial and is designed to get the accused off."

Stephen Blanks, secretary for the NSW Council for Civil Liberties, said the right to remain silent under police questioning and the privilege against self-incrimination were generally recognised international standards  "which lie at the heart of the notion of a fair procedure".

"It is misleading for the government to justify this change by saying it reflects changes made in the UK in 1994.  The UK has human-rights safeguards which are not part of the law in NSW or Australia," he said.

"The proposed change is unlikely to have any significant effect on the outcome of criminal trials. A failure to mention something at the time of arrest or interview that is later relied on at court only may harm a defence.  There will be many circumstances where it will be quite legitimate for a person may not mention something." [more ...]