Why So Silent on the Right to Silence? Missing Matters in the Review of the Evidence Act 2006

(2013) 44 (3/4) Victoria University of Wellington Law Review, pp. 573-592

20 Pages Posted: 10 Jan 2015

Date Written: 2013

Abstract

This article examines the scope and application of ss 32 and 33 of the Evidence Act 2006 (New Zealand) with reference to both the historical justification for the right to silence and the legislative history of these provisions. In considering the extent to which the sections do not reflect either the recommendations of the Law Commission in 1999, nor Parliamentary intent, the article questions why the sections were left out of the Commission’s first statutory review of the Act in 2013. The article concludes by suggesting that the right to silence should be the subject of informed public debate, and then raises some possible options for reform.

Keywords: silence, Evidence Act 2006, Law Commission, reform

JEL Classification: K14

Suggested Citation

McDonald, Elisabeth, Why So Silent on the Right to Silence? Missing Matters in the Review of the Evidence Act 2006 (2013). (2013) 44 (3/4) Victoria University of Wellington Law Review, pp. 573-592, Available at SSRN: https://ssrn.com/abstract=2545683

Elisabeth McDonald (Contact Author)

University of Canterbury ( email )

Ilam Road
Christchurch 8140
New Zealand

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