# Child murder and right to silence policy

> National's plan to criminalize silence during child murder investigations faces legal and ethical challenges.
- Title: Child murder and right to silence policy · NZ Herald
- Summary: National's plan to criminalize silence during child murder investigations faces legal and ethical challenges. National's proposed law criminalizing silence…
- Keywords: child murder, right to silence, national party, police investigation, law and order, bora, child protection, criminal law, presumption of innocence, teina pora, politics, news
- Source: NZ Herald — https://nzherald.co.nz/nz/politics/child-murder-and-the-right-to-silence-will-nationals-plan-work-the-bottom-line-checks-it-out/premium/I42PWA5ALBBLDFOXCJ6EHP3PMU
- Read time: 1 min
- Topics: child murder, right to silence, national party, police investigation, law and order, bora, child protection, criminal law, presumption of innocence, teina pora, politics, news
## National's policy
National wants to make it a crime to remain silent and not disclose information relating to a child being murdered, punishable by up to 10 years in prison.
## Right to silence
The right to silence is protected in the Bill of Rights Act (Bora), which states everyone arrested or detained has the right to refrain from making statements.
## Kahui case
Twins Chris and Cru Kahui, 3 months old, suffered fatal head injuries in 2006; their extended family maintained silence during police investigation.
## Legal concerns
Legal experts warn the policy flips presumption of innocence and risks miscarriages of justice, especially for vulnerable individuals.
## Teina Pora case
Teina Pora was wrongly convicted of rape and murder after a false confession made over four days of police interviews with no lawyer present.
## Political reactions
Labour leader Chris Hipkins cautioned about the policy, noting National backtracked on similar proposals in 2011; Act's David Seymour called for more evidence.
## Opposition stance
Opportunity party said the right to silence is a fundamental protection and National lacks evidence to justify removing it.
## Implementation
The policy requires a coalition re-election and parliamentary majority to pass into law, with potential select committee review.
## Expert opinion
AUT Law School Professor Warren Brookbanks warned the policy could harm vulnerable people and urged thorough investigation before legal changes.
## Bottom line
The policy might aid justice for guilty parties but risks innocent people being caught in the middle and could be easily sidestepped.
## Key takeaway

National's proposed law criminalizing silence for those at child murder scenes risks undermining justice for vulnerable people.