Evidence Amendment (Evidence of Silence) Act (NSW) commences

The Act, aimed at making trials more efficient, will amend the Evidence Act 1995 so that, in proceedings for a serious indictable offence, an unfavourable inference may be drawn from the defendant’s failure to mention a fact during official questioning that is later relied on by the defence in the proceedings.

Opponents of the legislation have said that it will have a negative impact on longstanding human rights, as well as diminishing the efficiency of pre-trial procedures. Secretary for the NSW Council for Civil Liberties, Stephen Blanks, has said the right to remain silent under police questioning and the privilege against self-incrimination were recognised international standards  "which lie at the heart of the notion of a fair procedure".

However, NSW Police Commissioner Andrew Scipione and Police Minister Mike Gallacher welcomed the change when it was first announced last year, saying that it would greatly assist police, who often found themselves frustrated in their inquiries by witnesses who refused to speak up.

"The right to silence can be exploited by criminals, and failing to answer police can impede investigations," said Mr Gallacher.

"They won't be able to hide behind their vow of silence any more."

Mr Scipione has said that the new approach will likely see a decrease in the use of silence by suspects during police questioning.

"The NSW Police welcomes anything that helps us break down this wall of silence," he said.

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Evidence Amendment (Evidence of Silence) Act 2013 via LawOne by TimeBase

Sydney Morning Herald