Definition of Right to silence in Australia
The right to silence in Australia is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more criminal offences and consequently potentially being subject to criminal proceedings.
There is no constitutional protection for the right to silence in Australia, but a common law principle, known as the companion rule, provides individuals (but not corporations) this protection. There are some exclusions to the right to silence, such as the NSW Independent Commission Against Corruption where individuals can be compelled to give evidence.
Terms mentioned above
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Frequently asked questions
What is Right to silence in Australia?
The right to silence in Australia is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination.