“You have the right to remain silent, anything you say can and will be used as evidence in a court of law…”

Thanks to Hollywood and popular US movies or TV shows, we have all heard of the Miranda rights and could probably recite them by heart. They are ingrained in our perceptions of what needs to happen if we’re ever arrested.

Surprisingly this is not the case in Australia… there is no such thing as Miranda rights, nor anything that’s comparable. The police are not required to ‘mirandize’ their suspects however it is common practise for them to ensure the people who are being arrested understand their basic rights.

The effect of being arrested places a person in a distressed and vulnerable state, so the questions would have to be asked;

  • What does remaining silent risk?
  • What do the police or the accused risk by not having clear rules of engagement?
  • And, how does this risk the fullness of evidence upon which a justice decision is based?