Exam 6: The Privilege Against Self-Incrimination

Inferences may be drawn if a suspect is relying on facts given under a written statement to police who remained silent during questioning. The purpose of S34 (1)a was to prevent a suspect from relying on facts in court that should have been disclised during police questioning. If all of the facts that are being relied upon are in the written statement produced by the solicitor, inferences cannot be drawn by the jury.

The rule of even terms is still applicable under English common law This is seen in the recent case of Barry George - he denied murder twice when asked by a customer at his local hairdressers. It was reasonable to expect a denial of the accusation.

When can adverse inferences be drawn from a defendants silence? Inferences can be drawn from all of these, as stated under S34-37 Criminal Justice and Public Order Act 1994

Which of the following bodies opinions did the Government reject when reforming the law on the right to silence in 1994? After strong opposition from A,B,C the Government, wanting to be tough on crime, used D's report 22 years earlier in order to produce legislation that made it necessary to convict criminals who remined silent

The principle of the right to silence in entrenched into the legal systems of which jurisdictions? In the common law world, few jurisdictions mirror the English approach. The USA , South Afirca and Canada have the principle enshrined in their Constitutions respectively.

S10 PACE 1984 gives which relationship the right of professional privilege? A lawyer may refuse to answer questions about advice given to clients - this is to facilitate honest communication between them

No conviction may be made solely on the inferences drawn under Section 35. Stated in S38 (3) CJPOA 1994

There must have been questioning under a police caution for inferences to be drawn. As stated under Code C, Para 10.4 of PACE 1984.

Inferences can be drawn from a suspects silence even where he or she has not recevied legal advice. The court in Murray v UK held that the denial of legal advice breached Art 6 of the ECHR. S58 YKCEA 1999 now provides that no inferences can be drawn if the accused was in police detention and did not have prior access to a solicitor.

The Government in 1994 rejected a million pound report produced by the Royal Commission in 2003 in order to introduce controversial legislation on drawing inferences from a D's silence Despite widespread opposition including a report commissioned by the Government, costing taxpayers millions, the Government wanted to balance PACE by being tough on silent criminals.

There is no longer a privilege against self-incrimination in Civil Proceedings Section 14 (1) Civil Evidence Act 1968 stipulates that a witness may refuse to answer any question that would expose them or their spouse/civil partner to crominal proceedings.

What type of officers are included under S34? The questioning of a suspect, in which a caution is give, can be made by any of the officers. Store Detectives, depending on their contract of employment, can also fall under this bracket.

Which country had the UK Governemnt followed in introducing legislation that allowed infernces to be drawn from a defendant's silence? Identical provisions outlined in S34-37 were introduced some six years earlier in Northern Ireland.

Under S35, in which circumstances can inferences be drawn from the defedants silence? After strong opposition from A,B,C the Government, wanting to be tough on crime, used D's report 22 years earlier in order to produce legislation that made it necessary to convict criminals who remined silent

According to R v Condron and Condron, S34 is compatible with which Article of the ECHR? The courts held, that provided appropriate safeguards were put in place, an accused's silence could be taken into account when assessing the persuasiveness of the evidence adduced by the prosecution against him.