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Where am I now? Lawlink > Law Reform Commission > Publications > Report 95 (2000) - The right to silence
Report 95 (2000) - The right to silence Contents Terms of reference 1. INTRODUCTION 2. THE RIGHT TO SILENCE WHEN QUESTIONED BY POLICE
The types of adverse inferences available How often suspects remain silent Serious fraud Previous inquiries into the right to silence when questioned by police
United Kingdom
Efficiency Trade off for other protections The need to guide juries
Reasons for silence consistent with innocence Fundamental principles International law 3. PRE-TRIAL DISCLOSURE
Committal hearings Barristers’ and Solicitors’ Rules DPP Prosecution Guidelines Subpoenas
Substantial impairment by abnormality of mind Defence opening address
Tendency, coincidence and first-hand hearsay evidence Supreme Court Practice Directions Australia
Western Australia Northern Territory, South Australia, Tasmania, Australian Capital Territory Queensland
Serious, complex or long cases Canada REFORM OF PRE-TRIAL DISCLOSURE Submissions Previous inquiries and proposals for reform
United Kingdom Proposal by the Premier and Attorney General of New South Wales Law Council of Australia proposal National Legal Aid/Directors of Public Prosecution Best Practice Model for the Determination of Indictable Offences Law Reform Commission of Western Australia Federal Government Working Group
Efficiency
Arguments for reform of defence pre-trial disclosure
Efficiency
Lawyer’s duty to client Limits on prosecution contact with disclosed witnesses Reasons for non-disclosure or departure from disclosed case Resources Sanctions
Other defence disclosure requirements Relevant jurisdictions Timetable Consequences of non-compliance with the disclosure duties Restricted use of information disclosed to the defence Procedural considerations Disclosure as a mitigating factor 4. THE RIGHT TO SILENCE AT TRIAL
United Kingdom The case for drawing adverse inferences from silence at trial
The need to guide juries Differences between silence when questioned by police and silence at trial
Fundamental principles Prosecution comment APPENDICIES TABLE OF LEGISLATION |
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