On 25 March 2013, the NSW Parliament passed two very significant pieces of legislation. The two acts are
- The Evidence Amendment (Evidence of Silence) Act 2013
- The Criminal Procedure Amendment (Mandatory Pre Trial Defence Disclosure) Act 2013
Under the new legislation, and unfavourable inference may be drawn, if during official questioning a person charged with an offence fails to mention a fact which they later rely on in their defence. A new “special caution” must be given by the questioning officials if they intend to rely on the changes to the law.
These changes to the law have the capacity to substantially disadvantage persons who are accused of committing serious offences. However, there are a number of preconditions which must be satisfied before it is open to a court to draw an unfavourable inference or to leave the issue to a jury
It reinforces the need for an individual charged with any serious offence to immediately obtain legal advice.
* The information on this page does not constitute legal advice. It should not be relied upon in lieu of seeking professional advice on the specifics of your individual matter.
