Suspects had right to silence at police stations/at trial, to protect against self-incrimination, + no adverse inferences could be drawn
1 of 8
What is the current legal position?
Adverse inferences can be drawn from silence
2 of 8
What happens in many other European jurisdictions?
No formal legislation allows the drawing of inferences but this is informally done
3 of 8
What does the ICCPR say on this topic?
No one shall be compelled to testify against himself/confess guilt
4 of 8
What does Birch say about these CJPOA provisions?
They cause loads of problems, completely out of proportion to value they provide
5 of 8
What did the 2000 Home Office study show about these CJPOA provisions?
No marked increase in charging/conviction rates. Ds still refused to answer questions (although lower numbers), same level of suspects provided admissions at police interview
6 of 8
Is there anything in ECHR about right to silence?
No (so anything on an ECHR level about it is a judicial extension)
7 of 8
In which case was art.6 not breached by drawing of adverse inferences from D's silence?
Murray v UK (judges were comforted by strength of P's other evidence + that experienced judge had presided over case)
8 of 8
Other cards in this set
Card 2
Front
Adverse inferences can be drawn from silence
Back
What is the current legal position?
Card 3
Front
No formal legislation allows the drawing of inferences but this is informally done
Back
Card 4
Front
No one shall be compelled to testify against himself/confess guilt
Back
Card 5
Front
They cause loads of problems, completely out of proportion to value they provide
Comments
No comments have yet been made