Constitutionally heeding the right to silence in Australia

Gray, Anthony (2013) Constitutionally heeding the right to silence in Australia. Monash University Law Review, 39 (1). pp. 156-187. ISSN 0311-3140


This paper considers options to constitutionally protect the right to silence in Australia. This right is being progressively being undermined by legislation applying both prior to and at trial. It is a hard-won, fundamental right and should be protected. This article argues the High Court's acceptance of the right to a fair trial could be utilised to argue that it is inconsistent with the use of evidence obtained against a person in breach of their right to silence.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version in accordance with the copyright policy of the publisher.
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 17 Sep 2013 00:22
Last Modified: 08 Sep 2017 05:08
Uncontrolled Keywords: right to silence; privilege; self-incrimination; Fifth Amendment; Miranda; fair trial
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
16 Studies in Human Society > 1605 Policy and Administration > 160510 Public Policy
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice

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