Which of the following is true in relation to the right to silence, in NSW, for a person aged over 18? A - HSC - SSCE Legal Studies - Question 20 - 2024 - Paper 1

In New South Wales (NSW), the right to silence is a legal principle that applies in various circumstances. However, it is important to note that there are limitations on this right, especially when it comes to court proceedings.

Option C indicates that courts may draw an unfavourable inference from a person's silence in certain situations, which is accurate. If an individual chooses to remain silent during police questioning, this silence can be brought up in court, and the judge or jury may interpret this silence negatively against the defendant.

Other options, such as:

• A, which states that the right exists in all circumstances, is incorrect as certain situations may lead to a waiver of this right.
• B, suggesting summary offences are exempt, misrepresents how rights are applied across different types of offences.
• D, claiming it's a right at the police station but not during court proceedings, presents an overly simplified view of the right to silence.

Hence, the correct answer to the question is C.