Right to silence should remain a right

In October the NSW government will introduce legislation diluting the long standing legal right to remain silent when being questioned by police investigating a crime.

"For too long it has been too easy for criminals to hide behind rights to silence," said Premier Barry O'Farrell.

He will amend the law to allow juries and judges to take an "adverse inference" from an accused person who refuses to divulge facts to police if they later produce "so-called evidence in order to provide an excuse".

The right to silence has its origins in 19^th century England after public distrust grew of confessions extracted under torture or duress. It is not a constitutional right like it is in the United States, but granted under common law.