Frequently Asked Questions
Q: Does the right to silence exist in Australian criminal law?
Broadly speaking, the right to silence for most criminal law matters means that a person does not have to answer any question beyond providing their name and address. It’s handy to keep in mind that for the most part, no adverse inference can be made from the refusal to answer questions.
As a general rule, it may be a good idea to speak to a lawyer before writing or making any verbal statements.