THE NSW government says it is too soon to say whether new legislation that weakens people's once historic right to silence is working or not.
NSW Police Commissioner Andrew Scipione on Tuesday said officers were concerned that the laws, which have recently come into effect, are unworkable in their present form.
An unfavourable inference can be drawn if an accused person fails to mention something during police questioning that they later rely on in their defence.
In order for the laws to apply a solicitor must be present, among other requirements.
Mr Scipione says this has resulted in "circumnavigation" by some solicitors, who aren't attending police interviews to dodge the law.
But Premier Barry O'Farrell says it's too soon to say that the legislation wasn't working.
He says it would be "absolutely disappointing" if lawyers were seeking to misuse the legislation.
"If people have nothing to hide, they should be prepared to make full and open statements to police," he said on Tuesday.
The coalition government flagged the amendments when police investigations into a spate of drive-by shootings in Sydney's west were frustrated by "a veil of silence".
But the laws have always caused disquiet among the legal profession, with worries they tip the balance in favour of the prosecution.
NSW Bar Association president Phillip Boulten SC said earlier this year that the amendments would be ineffectual against the well-heeled, organised crime suspects they sought to entrap.
"The suspect can ring their lawyer whilst they are in the police station and, unless the lawyer actually comes into the room with the investigating officer and their client, the law won't apply," Mr Boulten told AAP in March.
He said then that the real fear lawyers had was that the law's scope would eventually be broadened.
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