A suspect's exercise of the right to silence during a record of interview does not, of itself, require the suspect's release from custody under s 464A(1) of the Crimes Act 1958 (Vic). Investigating officers are entitled to continue detaining a suspect while they gather information for use in a resumed interview, as expressly contemplated by s 464A(4)(c). There is no general rule that a person must be released following an initial refusal to answer questions.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.