In most situations you have a right to silence. There are some occasions when you are required to disclose information to the police or authorities. This will be made clear to you. For example the Traffic Act requires that you provide a version of what happened when you are involved in a motor vehicle accident. The Security Act has mandatory reporting requirements that force security operatives to provide a version of an incident where force is used. The version(s) may be short and to the point but the main point we want to make is that the police will tell you if you have to provide information. The police must warn you that it is an offence to fail to provide the information requested. If you are not told this then you can presume that you have a right to silence.If you are cautioned at anytime that you do not have to say or do anything unless you wish, then you can fairly safely assume that you have the right to silence.Many people believe that exercising that right makes them look guilty. Nothing is further from the truth. In fact if you exercise your right to silence then the fact that you did so is inadmissible at or in Court. The prosecution are not permitted to lead evidence of a person exercising their right to silence if the only inference to be drawn from doing so is adverse.

The right to silence is not designed to protect the guilty it is designed to protect the innocent. Often people are unable to properly articulate their defence in such a way that the Law will properly understand what it is that they are endeavouring to say. This is why legal practitioners are so important. Lawyers are available to assist in articulating your defence so that the use of the English language does not result in an injustice. Often the Police will tell you that you are more likely to get bail if you co-operate and make a statement about the allegation. This is a clear and obvious inducement and should not be something you should worry too much about. This is easier said than done I suspect. In the end it is not the investigating police who decide bail. It is the Station Bail Officer.

You should always exercise your right to silence until you have obtained proper legal advice, even if you believe you are guilty and especially if you believe you are not guilty. If you fully believe that what you will have to say will exonerate you then on occasions it is important that you state the situation clearly. We recommend you obtain advice first but if you do decide to provide the investigators with information then keep what you have to say short telling the investigator that you are prepared to provide a statement after you have discussed the issue with a lawyer.