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The Right To Silence (Queensland, Australia)
The right to remain silent is a fundamental provision of the Australian common law applicable in the whole of Queensland’s jurisdiction. This law permits a person who reasonably believes they are suspected of a criminal offence to remain silent when interrogated by law enforcement. Accordingly, failing to answer police questions to practise one’s right to silence would not have adverse legal repercussions. While this is a tentative legal area, it lacks codification in Queensland’s constitution. The Australian constitution does not guarantee people the right to refuse interrogation and avoid self-incrimination while being questioned by the police.
Although this right is omitted in the constitution, it is well established under the common law and applies fairly throughout Australia. Various judgements have directed the exclusion of coercion for confession or undue interrogation; this is believed to be a solid background for the right to silence in Queensland. In an outstanding judgement, the High Court of Australia stated that;
A person may refuse to answer any question, or to produce any document or thing, if to do so may tend to bring him into the peril and possibility of being convicted as a criminal.
Besides, the right is also codified in the Police Powers and Responsibilities Act 2000 (Qld) (“PPRA”). Section 397 of the PPRA states that a person’s right to remain silent and refuse to answer interrogation questions is guaranteed within the country’s jurisprudence. However, this postulation has a complimentary exception that such rights are void when the suspect is required to answer questions under applicable legislation.
Therefore, police in Queensland must caution the suspect they are about to interrogate on the consequences of self-incrimination and remind them they have a right to remain silent and seek legal advice before questioning a suspect. Since the right to silence is outlined in the common law, it is important to understand that the jury has no legal authority to charge someone on account that they remained silent during interrogation. In other words, Queensland observes the common laws protecting this right, citing that no adverse interference can be drawn against a suspect since remaining silent is not proof of guilt.
Again, the right to silence extends beyond interrogation to court cases in Queensland. The common law also protects a defendant against being compelled to give evidence during the trial. The accused can choose to remain silent and ignore proving their innocence. In Queensland, the Crown is required to prove beyond reasonable doubt that the suspect is guilty of an offence rather than the suspect proving their innocence.
The exceptions for this right’s pertinence underscore basic personal information the law prescribes. Although one is guaranteed the right to snob interrogation, they are obliged to answer basic police questions like their name and address, residence and place of birth, and a description of the witnessed incident without self-incriminating.
Therefore, as demonstrated herein, the right to remain silent is a powerful right well-established in Queensland. Everyone within the Australian jurisdiction should exercise it, should police choose to question them about any offence. The Queensland Government’s official website clearly outlines the right to silence, and Australians should take advantage of it.
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