On not speaking: the right to silence, the gagged trial judge and the spectre of child sexual abuse

Katherine Biber

Research output: Contribution to journalArticlepeer-review

Abstract

High Court decision in Dyers v The Queen confirms a reinforced right to silence. This confirms the view of a departure from the earlier view, where the right to silence was a conditional right. The evidentiary burden has been shifted on to the prosecution but no attention has been given to the significance of having developed an entire corpus of generally applicable evidentiary rules from the unique context of child sexual abuse. Thus criminal courts have been rendered virtually powerless to convict sexual predators.
Original languageEnglish
Pages (from-to)19-23
Number of pages5
JournalAlternative Law Journal
Volume30
Issue number1
Publication statusPublished - 2005

Fingerprint

Dive into the research topics of 'On not speaking: the right to silence, the gagged trial judge and the spectre of child sexual abuse'. Together they form a unique fingerprint.

Cite this