Wollongong solicitor Aaron Kernaghan has taken a swipe at new laws that effectively “roll back” a person’s right to silence, creating more work for solicitors, academics and law students.

The Evidence of Silence legislation was passed in Parliament last week, allowing juries to draw a negative inference if an accused wants to divulge information during a trial that they did not initially provide to police.

Mr Kernaghan said the reforms, introduced to assist police in the fight against organised crime, were unacceptable.

“It’s created a situation where the right to silence is still on the books but it can now be used against people; it’s really creating a risk of prejudice,” he said.

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