Even though Australians do not have a constitutional right to remain silent, the right to silence in Australia is recognised by state and federal courts. Across Australia, the right to silence is viewed as a fundamental common law right.
Does WA have a right to remain silent?
Western Australia has a general right to silence. Because of this, there are a number of questions from the police that you are not obligated to answer. According to Section 8 of the Evidence Act 1906, you cannot be a “compellable witness if you are charged with a crime.”
However, as you will see, there are a few situations where police questions must receive answers.
Right to Remain Silent for Police Interviews
During your interview with the police, they can (and typically will) ask many questions, hoping to establish the facts to strengthen their case. Unless you are absolutely sure about the facts of your case, and know the consequences of your admissions, you would do well not to offer information or otherwise respond to questions from the police.
Admissibility of Confessions
The police can compel you to answer specific questions during the interview. They can compel you to tell them who is the driver in a motor vehicle situation, your name and date of birth. And driver’s licence. They can compel a person to provide DNA if charged with an offence.
Silence is Not Evidence of Guilt
When the accused decides to remain silent and not respond to questions from the police, the action should not increase the belief of their guilt should not increase.
Right to Silence and Appeals
If a person chooses not to provide any evidence at trial, and there is a reasonable inference that this decision influenced their conviction, it may constitute grounds for an appeal.
How Do I Exercise My Right to Silence?
When the police are questioning you, it is crucial to be calm and polite. To exercise your right to silence, simply state that you have no comment or you do not wish to answer the question.
What are Some Caveats to the Right to Remain Silent?
While the general rule in Western Australia is you have the right to remain silent, you should be aware that there are a number of questions you are obligated by law to answer when questioned by police.
When asking you for mandatory information, the officers must clarify there are specific questions you must answer. In this instance, you can provide information for the obligatory questions and use your right to remain silent on other questions where applicable.
Five Questions You Must Answer
You are obligated to give answers to police questions in the following circumstances. Please note that these are only a few caveats to the right to remain silent. You should contact your legal representative for definitive information.
- Your identifying information, such as your name, current address, and date of birth
- Questions surrounding the manufacturing, selling or supplying of illegal drugs and plants must be answered. Additionally, you must answer questions about property connected to the related questions.
- Suppose you are involved in a traffic offence. In that case, you must provide police with information, including your driver’s license, identifying information, and the name and address of the person responsible for the vehicle.
- Questions from a customs officer regarding importing or exporting of products
- If you are charged as a suspect in a criminal investigation, you must provide a DNA sample if one is requested.
FAQs
Why is it important to keep quiet when charged with a criminal offence?
From the start of your being brought in for questioning, police are using everything you say as a way to strengthen the case against you. By speaking out, you may accidentally sabotage your defence.
Will refusing to answer questions from the police make me appear guilty?
This is a fairly common misconception. However, the prosecutors carry the burden of proof in this situation. You do not have to prove your innocence. If your legal representative believes offering your side of the story will positively impact your trial, you may want to share your details.
What if the police want to interview me?
The first thing you should know is that you do not need to participate in an interview unless you have been arrested and charged with a crime. Otherwise, you can inform the police that you will not answer questions during your interview. Before you decide to exercise your right, you should seek legal counsel with a lawyer first.
Is it preferable to answer some of the questions?
Answering some questions and refusing to answer others can be used by prosecutors to make matters worse.
Is it all right to provide the police with my name and address?
You must give this information to the police. Withholding your name and address is an offence.
How can a criminal defence lawyer help me when I remain silent?
Your criminal defence lawyer is an excellent source of help to you, even if you remain silent. Lawyers are familiar with various tactics that can be used to influence suspects’ behaviours. Also, an experienced criminal lawyer will see where the lines of questioning are leading and will protect the rights of the client.
