The state of New South Wales passed the "Evidence Amendment (Evidence of Silence) Act 2013" which allows the judiciary to direct the jury to draw unfavourable inferences against a defendant who failed or refused to mention a fact during police questioning that they later rely on in court in a bid to be found "not" guilty. The law strictly applies to those over the age of 18 and who have an Australian legal practitioner physically present and available at the time of questioning. The change is designed to reflect reforms made in the United Kingdom in 1994 and only applies to indictable offences that carry a penalty of five or more years imprisonment. The introduction of the "Evidence Amendment (Evidence of Silence) Act 2013" sparked some controversy and concern amongst legal scholars and practitioners.