Primary + secondary right to silence, and silence with police questions

What is a secondary right to silence?

Where adverse inferences cannot be drawn (i.e. exercising right "free of charge")

1 of 5

Is there a legal duty to answer police questions or accompany police to a police station (where one hasn't been arrested)?

No (refusal won't usually amount to obstruction of police: Rice)

2 of 5

Is there some compulsory questioning that has to be answered?

Yes e.g. Director of Serious Fraud Office (just be aware of this)

3 of 5

Which case shows that a compulsion to answer police questions might contravene art.6?

Heaney and McGuiness v Ireland

4 of 5

What was said in Shannon v UK regarding D charged with offences and questioning?

D can't be compelled to answer questions (otherwise this would be an abuse of process)

5 of 5

Other cards in this set

No (refusal won't usually amount to obstruction of police: Rice)

Is there a legal duty to answer police questions or accompany police to a police station (where one hasn't been arrested)?

Yes e.g. Director of Serious Fraud Office (just be aware of this)

Heaney and McGuiness v Ireland

D can't be compelled to answer questions (otherwise this would be an abuse of process)

Get Revising