Terms of reference
Preface

1. INTRODUCTION
THE LAW IN NEW SOUTH WALES
EMPIRICAL RESEARCH
PURPOSE OF THIS RESEARCH
METHODOLOGY
Development of questionnaires
Distribution of questionnaires
Follow up process
RESPONSE RATES
SUMMARY OF FINDINGS
Characteristics of participants
The right to silence when questioned by police
Pre-trial and pre-hearing disclosure

Police and prosecution disclosure
Defence disclosure

2. THE RIGHT TO SILENCE WHEN QUESTIONED BY POLICE
THE LAW IN NEW SOUTH WALES
JURISDICTIONS WHICH HAVE MODIFIED THE RIGHT
TO SILENCE
EMPIRICAL RESEARCH
Australia
United Kingdom, Singapore
THE COMMISSION’S FINDINGS
Incidence of silence when questioned by police

Summary

Summary

Pleas
Outcomes of hearings and trials
Summary

3. PRE-TRIAL AND PRE-HEARING DISCLOSURE
THE LAW IN NEW SOUTH WALES
OTHER JURISDICTIONS
THE COMISSION’S FINDINGS
Police and prosecution disclosure

Disclosure by investigating police to the prosecution
Prosecution disclosure
Summary

Alibi notice requirement
Substantial impairment by abnormality of mind
notice requirement
Voluntary defence disclosure
Summary

Incidence of defences raised for the first time at the
hearing or trial
Legal representation
Effect on the outcomes of hearings and trials
Summary