Right to Silence

In a criminal matter there is an essential premise of a right to silence that is qualified to some extent by the police issuing a form of demand or administering a special caution. 

However, all the rights to silence in the world are diminished if the client is communicating in email, SMS or posting on social media. 

I have had cases where representations have been made and the police have not been willing to entertain them to show leniency because of something which had been communicated on Facebook of a disparaging nature about the officer or something had been said which compromised the defence.

So again, as I always say to clients, don’t discuss your case with anyone except your lawyer if you have one. Similarly, do not communicate details of your case via email, SMS, or social media because in effect you are potentially compromising the protections afforded to you by the law to a right to silence.

The article as written is for your information and interest only. It is not intended to be comprehensive and does not constitute and must not be relied on as legal advice. Please be aware that every case is different and the matters I am raising may not be of specific relevance to your situation but may have a general application and you must seek specific advice tailored to your circumstances. I will gladly talk to anyone on the phone if confused or want clarification.

Chris Kalpage

Kalpage and Co Solicitors

kalpageandcosolicitors.com.au

M: 0418211074