Right to silence law drives lawyers to not show up for clients at police stations

[Disir]

Lawyers are deliberately not showing up at police stations when their clients are arrested to avoid controversial law changes regarding the right to silence.

Frustrated police say this has led to a blow-out of investigation times and they are calling for a review of the laws, which were introduced following a spate of drive-by shootings three years ago.

Under the new laws, when someone is arrested, it may harm their defence if they fail to speak or to mention something they try to rely on later at trial.

But the NSW government included a condition where the law cannot be applied unless the accused person has a legal representative present.

So lawyers are simply not showing up.

Police Association of NSW President Scott Weber said the loophole used by lawyers was extending the time of investigations and making things difficult for police.

"Police officers are extremely frustrated in regards to lawyers that are meant to defend offender's rights not turning up and protracting the ongoing investigation when it's not necessary," Mr Weber said.

"This is a common occurrence and there needs to be a review of the current legislation and amendments, so that the intent of the legislation is utilised," he said.


Read more: Right to silence law drives lawyers to not show up for clients at police stations

So, the best defense is none?

 

[cnm]

"Police officers are extremely frustrated in regards to lawyers that are meant to defend offender's rights not turning up and protracting the ongoing investigation when it's not necessary," Mr Weber said.

Seems in NSW the best defence is whatever the police determine to be necessary.

 

[JakeStarkey]

The right to silence as well as the fact that the liability of failing to mention something that may be part of the defense later has long been a part of British law. I have no idea if that applies to Australia and the legal system.

I much prefer the American system where the accused can say only if they wish, "I'd like a cuppa with some sugar and milk."

 

[Disir]

The right to silence as well as the fact that the liability of failing to mention something that may be part of the defense later has long been a part of British law. I have no idea if that applies to Australia and the legal system.

I much prefer the American system where the accused can say only if they wish, "I'd like a cuppa with some sugar and milk."

From the article the difference is that Britain provides a lawyer at the jail. Britain made sure there was funding.

 

[JakeStarkey]

OK, that makes sense. An American, I am firmly set in the provision that no one can be made to talk period, and that refusal to talk cannot be used at trial for speculation by prosecution.