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Mind map

Right to Silence

Claire Legg English

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Right to Silence

  1. Dates back to 17th Century

    • Star Chamber
      • RTS overplayed
  2. Legal Right

    • no man bound to accuse himself
    • law will develop
  3. forcing suspect to speak up is unlawful

    • but has consequences
  4. Codified in judges rules 1912

    • included in caution from 1978
      • you have the right to remain silent but it may harm your defence if anything you do not mention when questioned something you later rely on in court
    • but rights had already been well established by case law
  5. suspect does not have to prove innocence

    • burden of proof lies with prosecution
      • R v McCann
        • using right of silence proves guilt
        • speaking up is practice of innocent
  6. refers to group of immunities from answering questions

    • R v Director of Serious Fraud Office, Ex parte Smith
  7. not enshrined in ECHR but Article 8 protects privacy and Art 6 protects right to fair trial

    • Murray v UK
    • Allen v UK
  8. three main stages in which silence may be relevant

    • arrest & questioning
      • on the street when suspicion arises
    • Trial Preparation
    • Trial
  9. criminal law revision committee June 1972

    • silence is evidence of guilt
  10. Against RTS

    • innocent would want to talk
    • tool of professional criminals
    • the vulnerable talk
    • hampers police and crown
    • frustrating for all involved
    • pressure to get confessions would reduce if silence could be used as evidence

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Mind Map on Right to Silence, created by Claire Legg on 23/04/2013.
Created by
Claire Legg
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