‘You Don’t Have to Say Anything’: Modality and Consequences in Conversations About the Right to Silence in the Northern Territory*

Abstract

Police are (generally) required to inform a suspect of their right to remain silent before questioning that suspect about a potential crime. This is a key protection for suspects which is implemented through a policy about language. Unfortunately, there is evidence that many Aboriginal suspects in the Northern Territory often fail to understand their right to silence. A key reason for this is the way the right is expressed in the law and by police, centred on the expression ‘you don’t have to say anything’. Analysis of the meaning of this language shows that it is a vague way of providing legal information which relies on a subtle semantic distinction in Standard Australian English. This expression is especially vulnerable to misinterpretation by suspects who speak (or learn) other varieties of English, especially in conversations where police purposes are not clear. The way police explain the right to silence can be contrasted with other existing texts including translations which present the information in terms of agency, decisions and consequences. This suggests that the language policy could be significantly improved, with consequences for equality of access to justice.