How does New South Wales law protect the rights of detained individuals?

New South Wales law protects the rights of detained individuals primarily through established rights that include the right to remain silent and the right to seek legal advice. These rights are fundamental to ensuring that individuals are not forced to incriminate themselves and have access to legal support during questioning.

The right to remain silent means that a person does not have to answer questions or provide information that could be used against them in a prosecution. This principle upholds the notion that one is innocent until proven guilty, preventing any coercive practices during police questioning.

Additionally, the right to seek legal advice allows detained individuals to consult with a lawyer before participating in any questioning or providing any statements to the police. This is crucial for ensuring that individuals understand their rights and can receive guidance on how to navigate the legal system, which reinforces their fair treatment under the law.

Other choices, such as allowing unlimited questioning or prohibiting any representation, do not align with the protections intended to safeguard individual rights during detention. Furthermore, requiring immediate release does not take into account the legal process that must be followed, as individuals may be detained for legitimate reasons within established legal frameworks.