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04related terms
May 2026reviewed
In detail
How right to silence works in practice.
The right to silence is a fundamental protection in Victorian criminal law. Outside of providing your name and address, you are not required to answer police questions before or after charge. An accused person also has the right not to give evidence at their own trial or hearing. The prosecution cannot use silence as evidence of guilt, and the judge or magistrate must not draw adverse inferences from the fact that the accused did not speak to police or chose not to give evidence. The right applies whether a person has been arrested or is attending a police station voluntarily.
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