The right of silence long
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The right of silence long considered the most fundamental right of a suspect, was curtailed by the Criminal Justice and Public Order Act 1994 . The evidence provisions of the Criminal Justice and Public Order act 1994 (CJPOA), were some of the most contentious and hotly debated.1 The Act changes the rules that govern how a court should deal with the silence of a suspect or a accused and in doing so, potentially makes inroads into an individuals right regarded as fundamental. Since the introduction of the CJPOA 1994, the failure by an accused to mention facts during police questioning, which are later relied on at trial, or failure to testify at trial, may now be the subject of prosecution comment at trial. The court may draw appropriate inferences form any such failure. Inferences cannot in themselves provide sufficient evidence for a conviction: a prima facie case must first be...


