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Right to Silence
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Right to Silence
Dates back to 17th Century
- Star Chamber
- RTS overplayed
- Star Chamber
Legal Right
- no man bound to accuse himself
- law will develop
forcing suspect to speak up is unlawful
- but has consequences
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
- included in caution from 1978
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
- R v McCann
- burden of proof lies with prosecution
refers to group of immunities from answering questions
- R v Director of Serious Fraud Office, Ex parte Smith
not enshrined in ECHR but Article 8 protects privacy and Art 6 protects right to fair trial
- Murray v UK
- Allen v UK
three main stages in which silence may be relevant
- arrest & questioning
- on the street when suspicion arises
- Trial Preparation
- Trial
- arrest & questioning
criminal law revision committee June 1972
- silence is evidence of guilt
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.
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- Claire Legg
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