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The right of silence may be exercised at three stages in the criminal process.
Member rating: No Rating | Words: | Submitted: Tue Sep 16 2003
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The Right of Silence The right of silence may be exercised at three stages in the criminal process: * On the streets * In the police station * In court Under the CJPO 1994, the court may draw inferences when a defendant: * Relies upon facts in their defence which they did not mention to the police when they had a reasonable opportunity to do so prior to being charged (s 34) * Fails to testify in their own defence (s 35) * Fails to provide explanations for incriminating objects, substances or marks (s 36) * Fails to provide explanations for their presence near to the scene of a crime (s 37), but only if it is satisfied that the reason for silence is that the defendant had no answer to the questions, or none that would stand up to police questioning / cross examination. None of these sections compels a suspect to answer police questions, so in one...
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