In general, criminal suspects in Australia have the right to refuse to answer questions posed to them by police before trial and to refuse to give evidence at trial. However a person must provide their full name, address, place of birth, and date of birth if asked to by police.
Fifth Amendment – Wikipedia
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Is there a 5th Amendment equivalent in Australia?
Australia has no constitutional protection for the right to silence, but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common law right and a part of the privilege against self-incrimination.
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Does Australia have a version of Miranda rights?
Australia does not have Miranda rights but instead has similar rights that come from the Evidence Act 1995 and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
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What does it mean if I plead the 5th?
Yes. The 5th Amendment is a right applicable to all criminal defendants or potential criminal defendants, not only to U.S. citizens.
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What is the Australian equivalent of the 5th Amendment?
In general, criminal suspects in Australia have the right to refuse to answer questions posed to them by police before trial and to refuse to give evidence at trial. However a person must provide their full name, address, place of birth, and date of birth if asked to by police. No other question has to be answered.
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Can you remain silent in Australia?
In Australia, there is a fundamental common law right to silence, which means that you cannot be compelled to incriminate yourself. The prosecution carries the burden of proving the allegations against you ‘beyond reasonable doubt’. If the prosecution fails, the accused will be acquitted of the charge(s).
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Does Australia have a version of Miranda rights?
Australia does not have Miranda rights but instead has similar rights that come from the Evidence Act 1995 and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
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Does Australia have amendment rights?
Unlike most similar liberal democracies, Australia does not have a Bill of Rights. Instead, protections for human rights may be found in the Constitution and in legislation passed by the Commonwealth Parliament or State or Territory Parliaments.
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Is there an Australian equivalent to the 5th Amendment?
Australia has no constitutional protection for the right to silence, but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common law right and a part of the privilege against self-incrimination.
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Are you allowed to remain silent in Australia?
While Australian police officers are not obligated to recite the Miranda Rights, nor does Australia even have a comparable version of them, Australians do have a fundamental legal right to silence. This means that you do have the right to remain silent when questioned prior to or during legal proceedings.
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Are Miranda rights only in the US?
Question: Do Miranda rights apply to non-US citizens? Answer: The Constitution applies to people within the United States, unless they have some sort of diplomatic immunity. Otherwise, the same rights apply that would apply to citizens.
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Can you refuse to talk to the police in Australia?
Whether they question you as a witness or a suspect, you do not have to answer any other questions. You have the right to be silent. If the police officer tells you that you are breaking the law by refusing to tell them information, ask to speak with a lawyer.
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Does the 14th Amendment apply to non citizens?
Many parts of the Constitution use the term “people” or “person” rather than “citizen.” We can reasonably conclude therefore, that rights to own property, engage in lawful employment, rights under the Due Process Clause and Equal Protection Clause apply to citizens and noncitizens.
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Can a UK citizen plead the 5th?
The United Kingdom does have a right against self-incrimination that is similar to the U.S. Fifth Amendment privilege, but there are some differences in how the privilege operates in the two countries. The U.K. equivalent of the Miranda warning is: “You do not have to say anything.
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