Disir
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- Sep 30, 2011
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Lawyers are deliberately not showing up at police stations when their clients are arrested to avoid controversial law changes regarding the right to silence.
Frustrated police say this has led to a blow-out of investigation times and they are calling for a review of the laws, which were introduced following a spate of drive-by shootings three years ago.
Under the new laws, when someone is arrested, it may harm their defence if they fail to speak or to mention something they try to rely on later at trial.
But the NSW government included a condition where the law cannot be applied unless the accused person has a legal representative present.
So lawyers are simply not showing up.
Police Association of NSW President Scott Weber said the loophole used by lawyers was extending the time of investigations and making things difficult for police.
"Police officers are extremely frustrated in regards to lawyers that are meant to defend offender's rights not turning up and protracting the ongoing investigation when it's not necessary," Mr Weber said.
"This is a common occurrence and there needs to be a review of the current legislation and amendments, so that the intent of the legislation is utilised," he said.
Read more: Right to silence law drives lawyers to not show up for clients at police stations
So, the best defense is none?
Frustrated police say this has led to a blow-out of investigation times and they are calling for a review of the laws, which were introduced following a spate of drive-by shootings three years ago.
Under the new laws, when someone is arrested, it may harm their defence if they fail to speak or to mention something they try to rely on later at trial.
But the NSW government included a condition where the law cannot be applied unless the accused person has a legal representative present.
So lawyers are simply not showing up.
Police Association of NSW President Scott Weber said the loophole used by lawyers was extending the time of investigations and making things difficult for police.
"Police officers are extremely frustrated in regards to lawyers that are meant to defend offender's rights not turning up and protracting the ongoing investigation when it's not necessary," Mr Weber said.
"This is a common occurrence and there needs to be a review of the current legislation and amendments, so that the intent of the legislation is utilised," he said.
Read more: Right to silence law drives lawyers to not show up for clients at police stations
So, the best defense is none?