In Australia, there is a fundamental common law right to silence, which means that you cannot be compelled to incriminate yourself. The prosecution carries the burden of proving the allegations against you 'beyond reasonable doubt'. If the prosecution fails, the accused will be acquitted of the charge(s).
Australia does not have Miranda rights but instead has similar rights that come from the Evidence Act 1995 and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
In general, you have the right to silence. This means that you do not have to answer any questions the police ask you. It can be a good idea to use this right, because what you say to the police, no matter when or where, could be used against you.
While Australian police officers are not obligated to recite the Miranda Rights, nor does Australia even have a comparable version of them, Australians do have a fundamental legal right to silence. This means that you do have the right to remain silent when questioned prior to or during legal proceedings.
Australia has no constitutional protection for the right to silence, but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common law right and a part of the privilege against self-incrimination.
In Australia, there is a fundamental common law right to silence, which means that you cannot be compelled to incriminate yourself. The prosecution carries the burden of proving the allegations against you 'beyond reasonable doubt'. If the prosecution fails, the accused will be acquitted of the charge(s).
The Australia Constitution contains no right to avoid self incrimination or to refuse to give a statement to police. Unlike the situation in America where the constitution contains the fifth amendment which provides: no person “shall be compelled in any criminal case to be a witness against himself …”
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
The right to remain silent when one is suspected of a crime is a basic common law right. It includes the right to decline to answer questions when interviewed by the police as well as the right to choose not to give evidence when being tried by a court.
NSW legislation on the right to silence
The common law right to silence has been codified in section 89 of the New South Wales Evidence Act 1995, which states that no adverse inference is to be drawn on the basis of evidence that a person failed to answer the police's questions.
Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
You may place a person under citizen's arrest if you believe on reasonable grounds they have committed an offence or are in the course of committing such an offence. Reasonable grounds means you have direct evidence that 'constitutes belief' that the person has committed an offence.
Police can enter private property, the police are permitted to come as far as the front door without invitation, like anybody else, but once it is made clear that they are not welcome then they must retreat to the outer boundaries of your property.
You can plead the fifth at any time, even if you are otherwise legally obligated to answer, such as through a court-issued subpoena or if you are called before Congress to testify on an issue of national importance.
It is a fundamental rule of our criminal law that a person accused of an offence is not obliged to answer police questions. A person accused of an offence has a right to silence – that is, a right to say nothing in the face of police questioning. Therefore, his/her silence is not evidence against him/her.
In Queensland, the police must only give you your rights when you are suspected of an indictable (serious) offence, and you are under arrest. If they are conducting an undercover investigation or wire-tapping with a warrant, this provision does not apply.
The maxim is "Qui tacet consentit": the maxim of the law is "Silence gives consent". If therefore you wish to construe what my silence betokened, you must construe that I consented.
In general you have a right to silence. Police should caution you, before questioning, that no questions need be answered but that any answer given may be used in evidence. The police may want you to answer questions in what is known as a “record of interview.” This may be recorded electronically.
The right to silence reflects the notion that in a criminal case, the prosecution carries the burden of proof; it is not up to the accused to show their innocence. It also reflects the long-held idea that people should not be forced to answer questions regarding possible illegal behaviour.
This fact sheet introduces the different types of law that govern Australia – statute law made by parliament, delegated law made by government and common law made by courts.
freedom of speech • freedom of association • freedom of assembly • freedom of religion • freedom of movement • respect for the freedom and dignity of the individual • commitment to the rule of law • parliamentary democracy • equality of opportunity for all individuals, regardless of gender, country of origin, religion ...
As citizens, Australians have the right to vote, to seek election to Parliament, to apply to work within government and the defence force, to apply for an Australian passport and re-enter Australia freely, to register children born overseas as Australian citizens by descent, to sponsor family members for migration and ...
Also unlike the US, there is no plea of 'no contest' in Australia – defendants must choose whether to plead guilty or not guilty to criminal charges.
You are not obliged to say or do anything unless you wish to do so. But it may harm your defence if you do not mention when questioned something which you later rely upon in court. Anything you do say and do may be given in evidence. Do you understand?
The penalty for not giving your ID to police is a fine of $220. This contained in section 12 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The same penalty applies if you provide police with a false name or address.