This is the police 2 adam triggs trial#

This is the police 2 adam triggs trial#

The right not to be compelled to confess a crime is a fundamental component of the right to a fair trial under article 14 of the International Covenant on Civil and Political Rights (ICCPR вЂ“ see 14(3)(g) in particular). Why would NSW propose to вЂtightenвЂ™ the law now? After a spate of serious gun crime in Sydney, the Police are arguing that alleged criminals are вЂobfuscatingвЂ™ and exploiting the system, and that the right to silence is giving them the вЂtactical upper hand.вЂ™ Needless to say, it does not look good for вЂcrimsвЂ™ to have such an advantage, so it was determined that something must be done. Cases in recent years have already watered down this вЂno adverse inference to be drawnвЂ™ rule a bit for serious crimes, while preserving the essence of the right. To ensure the integrity of the right, courts and juries were also instructed not to hold it against a defendant if he or she refused to talk to the police. In simple terms, it evolved as a mechanism to prevent investigators from beating confessions out of people, rather than building a case by gathering evidence properly. The privilege against self-incrimination was developed at common law hundreds of years ago, although its modern form (protecting the defendant before trial) is more recent.

Is this really something we want for Australian law? Perhaps the principal similarity is the political context вЂ“ at least one person involved in the UK shift in 1994 claims that it was about politics and the police demonstrating they were вЂin chargeвЂ™ of the criminal justice process, and went against the recommendations of experts.ДЄccording to the NSW Law Reform Commission, in the jurisdictions which have changed their legislation, courts and juries are вЂњspecifically permitted to draw strong adverse inferences from evidence that the accused person did not provide certain information to police when asked to do so.вЂќ

in England, Wales and Northern Ireland, the Government provides duty solicitors at major police lock-ups to ensure procedure is followed and a suspectвЂ™s other rights are respected.ДЄpart from Singapore (which incidentally doesnвЂ™t provide similar guarantees of legal representation) and Ireland, Britain and Wales are the only other common law jurisdictions to have diluted the right to silence in this way (although changes are being contemplated in Scotland).

The former has the Human Rights Act 1998 which implements the European Convention on Human Rights and.However, there are at least two important differences between the criminal law system in Britain/Wales and that of NSW: The proposed change reflects reforms made in Britain and Wales in 1994, and will apply to serious indictable offences.вЂќ The press release went on to say: вЂњAttorney General Greg Smith said the right to silence was an important legal principle but it was too easily exploitedвЂ¦. Parliamentary Joint Committee on Human RightsД®arlier this month, the NSW Government announced that it is going to restrict criminal suspectsвЂ™ right to silence to вЂtilt the scales of justice towards common sense.вЂ™ A Bill will be introduced by October to amend the Evidence Act 1995 (NSW) вЂњto allow juries and the judiciary to draw an adverse inference against an alleged criminal who refuses to speak to investigating police, but later produces вЂevidenceвЂ™ at trial in a bid to be found not guilty.вЂќ.Office of the High Commissioner for Human Rights (OHCHR).Freedom from cruel inhuman and degrading treatment.