Scrutiny of Acts and Regulations Committee

Inquiry into the Right to Silence, Final Report

Chapter 1 - Introduction

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1.1 THE CONDUCT OF THE INQUIRY

1.1.1 Issues Paper

In June 1998 the Committee released The Right to Silence: An Examination of the Issues (the `Issues Paper'). The Issues Paper contained a brief discussion of the origins of the right to silence; a detailed examination of the law relating to the right to silence as it currently applies in Victoria; an examination of the right to silence in some other common law jurisdictions; a review of the work of a number of Australian inquiries into the right to silence; a detailed analysis of the provisions of the Criminal Justice and Public Order Act 1994 (UK) which were referred to in the Committee's Terms of Reference; and an enumeration of the issues which the Committee considered relevant to its inquiry.

For obvious reasons, this Report does not reproduce the work contained in the Issues Paper, but instead attempts to address the issues raised by the Issues Paper. The Issues Paper has, however, been reproduced as Appendix 1 to this Report, for the benefit of readers interested in the background to the Committee's recommendations.

1.1.2 Visit to the United Kingdom and the Republic of Ireland

In June 1998 the Committee also visited the United Kingdom and the Republic of Ireland, in order to gather evidence about the operation of the Criminal Justice and Public Order Act 1994 (UK) and its Irish equivalents. A list of the persons consulted during the visit is reproduced as Appendix 2 to this Report.

1.1.3 Submissions

In its Issues Paper, the Committee called for submissions from interested individuals and organisations. A list of the submissions received is reproduced as Appendix 3 to this Report.

1.1.4 Public Hearings

On 18 and 19 August 1998, the Committee held public hearings into the right to silence, taking oral evidence from many of the individuals and organisations who had already made written submissions. A list of the persons who gave evidence during those hearings is reproduced as Appendix 4 to this Report.