4 ms·
> * The right to remain silent (your silence can be used as evidence of guilt in court) This one's active in Australia (or at least the east coast of Australia
by sqldba 9y ago
> * The right to remain silent (your silence can be used as evidence of guilt in court)
This one's active in Australia (or at least the east coast of Australia). There was specific legislation apparently made to combat "biker gangs".
http://nswcourts.com.au/articles/the-right-to-remain-silent/ http://nswcourts.com.au/articles/the-right-to-remain-silent/
It also mentions the UK. Specifically:
According to the law, for a serious indictable offence, unfavourable inferences (once not allowed) may be drawn if a defendant didn’t mention something which:
* he or she could reasonably have been expected to mention in the circumstances; and
* is relied on by the defence in the proceeding
So... not exactly great... but not world-ending either. Basically if the police question you about where you were, and you have a lawyer with you, and you say you don't remember - you can't then go to court and say, "Well actually I was at XYZ" because that'll be used against you.
I'm not sure exactly how that pans out in real life though. It is not unexpected that you'd lose your memory when in a high pressure situation like that.
- wildmusings 9y ago>So... not exactly great... but not world-ending either. Basically if the police question you about where you were, and you have a lawyer with you, and you say you don't remember - you can't then go to court and say, "Well actually I was at XYZ" because that'll be used against you. I don't think that's a proper reading of the change. What you're describing was never protected by the right to remain silent. The right to remain silent applies to just that, silence. You changing your story is and has been admissible evidence in all jurisdictions.