National pledges to remove right to silence in child murder cases
National would remove the right to silence in child murder investigations if the party is re-elected, justice spokesperson Paul Goldsmith announced on Sunday.
The pledge is conditional on National being returned to government. The party published the policy under the title 'National to remove right to silence when a child is murdered'. National Party
Under the proposal, a National government would make it an offence under the Crimes Act, the law covering serious criminal offences, for someone at the scene of a child's death not to give information to police. It would apply to deaths of children under 12. A person who failed to disclose information would face up to 10 years in jail.
National has admitted the change may breach the Bill of Rights, the law that sets out basic rights including the right to remain silent when questioned by police. NZ Herald
Lawyers have criticised the plan. They described the promise as "dangerous" and said it "flies in the face of justice", according to RNZ.
Retired law professor Bill Hodge said the proposal appeared to target the relatives and family members present rather than the primary perpetrator. He said it would give police more sway in interrogations, by allowing them to threaten a person with a charge under the new offence if they did not talk.
Defence lawyer Marie Dyhrberg KC said the proposal flips the burden of proof. She said it creates a reverse onus and a presumption that a person present at the location is withholding evidence. She said the right to remain silent is fundamental to a fair justice system and is protection against wrongful conviction.
