A Right to Silence
Order Type: Essay
Subject: Law
Instructions: Criminal Procedure School of Law ASSIGNMENT A Right to Silence? ‘Victoria should adopt reforms enacted in England which allow the jury to draw a strong adverse inference from a suspect’s exercise of the right to silence when questioned by police and permit the trial judge to direct the jury accordingly.’ Critically discuss. Basic references: • Criminal Justice and Public Order Act 1994 (UK) ss 34-39. • Crimes Act 1958 (Vic) s 464J. • Evidence Act 2008 (Vic) s89. • K Arenson and M Bagaric, Criminal Processes and Investigative Procedures – Victoria and Commonwealth (2nded) (LexisNexis Butterworths, Chatswood NSW, 2012) pp202-207. CRIMINAL PROCEDURE ASSIGNMENT 2013 ASSESSMENT RUBRIC
- Acknowledge that ‘the right to silence’comprises a complex package of rights Mark /3 Comments
- Brief outline of the historical development and significance of the right to silence /3
- Identify current relevant law in England and Victoria /8
- Consider and evaluate reasons for reform /18
- Conclusion /2
- Spelling, grammar, logical sequencing of assignment /4
- Compliance with AGLC /2 TOTAL /40 Attachments: