Removal of accused's right for silence

Eligibility - Queensland residents
Principal Petitioner:
Jonty Bush
C/- PO Box 292
LUTWYCHE QLD 4030
Total Signatures - 101
Sponsoring Member: Lawrence Springborg MP
Posting Date: 11/4/2003
Closing Date: 8/10/2003
Tabled Date: 9/10/2003
Responded By: Responded Minister on 1/12/2003
TO: The Honourable the Speaker and Members of the Legislative Assembly of Queensland
That an accused’s right for silence which is commonly invoked in Queensland courts of law, diminishes the decision-making process for both judge and jury when deciding upon suitable convictions and sentences. Currently in Queensland criminal courts of law, it is the right of the accused to not testify, whereas the witnesses (who are often also victims) involved in the crime do not have this right. Whereas it is unrealistic to grant other witnesses the right to silence, it is not unrealistic to eradicate the accused’s right to silence. We believe that those accused of a crime should be encouraged to disclose, and be cross-examined on, all relevant information pertaining to the motive, nature and circumstances of the crime. This is backed by the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, being, “to establish and strengthen the means of detecting, prosecuting and sentencing those guilty of crime”. Your petitioner’s therefore request the House to remove the right for silence in Queensland Criminal Court cases.