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The Right to Silence Legislation

When being questioned by persons in authority it is extremely important you seek legal advice. Find out why.

It is extremely important that if you’re being questioned by persons in authority, particularly police officers or an investigator from say Workplace Health & Safety, that you obtain legal advice.

In most instances you’re able to not answer questions, however there are some aspects of the Right to Silence legislation under Common Law that make it an offence not to do so, but also requires you to answer questions and there are certain rules that apply where that provision is invoked against a person because of the legislation that’s applicable.

That is why, before undergoing any interview, it is extremely important for clients that they seek Common Law advice as to their legal rights.

Our experience is that if a person exercises their right to silence under Common Law then in most cases they preserve their position and that is far better than making statements to police or authorities.

Contact our Nambour Common Law lawyers at the Butler McDermott law firm in Sunshine Coast or call Peter Boyce Principal Solicitor directly on 0403 332 221.


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