Post #1582597

2026-04-20 05:10 UTC

@aby @ariaflame The Evidence Act 1995, section 139, Cautioning of Persons, says evidence obtained from a person is invalid unless various conditions are met first, including "caution the person that the person does not have to say or do anything, but that anything the person does say or do may be used in evidence." This is a Commonwealth Act. I assume state legislation varies, but I don't think it will wander too far from this. https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ea199580/s139.html

Replies (1)

@ariaflame@masto.ai 2026-04-20 05:52

@davidtheeviloverlord @aby Good to know, I didn't want to fall into the trap of assuming that USA rules applied everywhere. Can silence be used as evidence though? Do we have the equivalent of the 5th?

Open ##1582598