Under the s89A provision of the Evidence Act, which group may exercise the right to silence with no negative inference?

• A. Under 18s
• B. Over 18s
• C. All adults
• D. Only non-indictable matters

Answer: (A)

The idea being tested is protecting vulnerable witnesses from being punished for choosing not to speak. This provision specifically shields young people—those under 18—from having a negative inference drawn if they remain silent. It acknowledges that children may not fully understand the implications of answering questions or of providing testimony, so the law gives them a safer path: silence cannot be used to suggest guilt or unreliability simply because a young person chose not to speak. This targeted protection does not extend in the same way to adults, which is why the other groups aren’t correct. The rule is about age-related vulnerability, not about whether a matter is indictable or not.