The " Right to Silence " law !

The " code of silence " adhered to by members of criminal motorcycle gangs provoked the state government in passing laws to remove the " right to silence " when police wish to interview a suspect.   A person who refuses to be interviewed by police could find that a magistrate or a jury could be instructed to take an "  adverse inference " to later evidence not disclosed at that time of interview.

Strangely, that and another law change requiring both the prosecution and the defence to disclose their cases to each other pre-trial have both passed parliament, but have not been forwarded to the governor for signing into law.

The main reason that they are " on hold " is probably the disquiet they cause to members of the legal profession.    The law is full of " if's, but's - and maybe's " and this law change makes no attempt to address any of the nuances involved.

Most solicitors advise their clients to make no statements until they receive legal advice.  They have the right to have their legal representative present at a police interview and to receive advice on what questions they must answer.   It is not clear if this law removes that right !

The law change requiring both the prosecution and the defence to exchange their case strategies prior to trial is even more troubling.   The obvious intent is to free up court time by sorting out the intricacies and reaching some sort of plea bargain that is acceptable to both parties.

This seems to intrude into the accused's right to the assumption of innocence until proven guilty.   If the prosecution has a weak case and hears the defence argument pre-trial, it can then delay further action while it strives to demolish the very foundation of evidence that the defence will present.   It also destroys the time honoured tactic of defence to spring an " ambush " on aspects of the prosecution evidence.

If these law changes do get signed into law, expect years of litigation as the legal system determines precisely what they mean and how they will be applied to the system of judgement that applies in our courts.

Passing any new law is only the first step in that long and costly process !