It is often said that the law has more twists and turns than a double jointed Rattlesnake ! That is certainly the situation that has evolved from our new " Right to Silence " laws.
The Asian and Middle Eastern crime gangs of Sydney have been frustrating police by refusing to name the person who just shot them. They refuse all comment - and this leads to later revenge when they return the favour and more bullets are sprayed in Sydney streets. All police investigations are met with a wall of silence.
The parliament passed a new law that required the police to issue an official warning to those about to be questioned, telling them that if they later used a different story or an alibi in court, that would be " viewed adversely " if it conflicted with their silence when interviewed.
The sticking point seems to be the requirement that this special caution must be made in the presence of a legal practitioner who is acting for the defendant at that time.
We are now finding a reluctance of lawyers to attend those arrested and become available for that caution to come into effect, in which case it has no bearing when the case goes to court.
This seems to come into conflict with the right of the accused to have legal counsel guide them to avoid self incrimination.
Fortunately, this " special caution " need does not apply to minor matters and will only come into affect where the investigation involves serious indictable offences that would involve a sentence of five years or more prison time.
Unfortunately, determining just what level of offence is involved is not usually crystal clear - until after the interview has taken place !
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