right of silence

There is nothing in the Act which interferes with the traditional right of silence.

I turn from the statutes to 'the right of silence.'

The second element in the right of silence is that no one should be compelled to betray himself.

"The accused have a right of silence."

If you were conducting a criminal investigation, your witnesses could invoke their rights of silence, counsel, and freedom from self-incrimination.

Secondly, this particular immunity is much less ancient than others grouped under the rubric of the right of silence.

Abolishing the right of silence.

The Commission found the reductions to the right of silence were not in breach of Article 6, the right was not absolute.

My Lords, this appeal raises an important question on two aspects of what is compendiously, albeit inaccurately, called 'the right of silence.'

Effective to apprise accused persons of their right of silence in assuring, and in assuring a continuous opportunity to exercise it.

The 'right of silence' and the concomitant immunity from making incriminating disclosures was most helpfully discussed by Neill L.J.

But the Government is also considering abridging the right of silence in criminal trials in England and Wales, and few objections have been raised so far.

That there is strong presumption against interpreting a statute as taking away the right of silence, at least in some of its forms, cannot in my view be doubted.

Rather, it is intended as a direct response, he said, to the belief that "professional criminals were exploiting the system," by using protections like the right of silence to hide wrongdoing.

Thus, for example, it is clear that the fourth and sixth of the 'rights of silence,' which are the subject of much current controversy, are wholly unconnected with the present appeal.

Witnesses who are called during the official investigation or the trial can be arrested to prevent them from absconding, and do not have the right of silence to protect themselves from self-incrimination.

Such concerns bring into relief the wider and more fundamental problem of our criminal procedure: the conflict between certain procedural rights, such as the right of silence, and the object of determining the truth.

The UK's Court of Appeal judged last week that the pair, named only as "S" and "A," could not depend on their right of silence to refuse to provide decryption keys.

He summarized the court's holding in this way: "Unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required.

At the start of the police interrogation the suspect is informed of his right of silence and of his right to consult a lawyer, but he has no right to have the lawyer present during the interrogation.

In these circumstances I think it clear, given the diversity of immunities and of the policies underlying them, that it is not enough to ask simply whether Parliament can have intended to abolish a long-standing right of silence.

She will have to live with her story never given under oath, of a trip to Vacaville that no one can prove, a lie to be Wed under the cloak of constitutional privilege and the right of silence. )

I say this because, of the several versions of the 'right of silence' contained in the list previously given, only the fifth hinges upon the fact of the suspect having been charged; and that is an immunity against being asked questions of any kind.

The Court ruled that the case against the three, who had exercised their right not to give evidence at the trial, had been overwhelmingly prejudiced following an announcement by King during the trial of restrictions on the right of silence [see p. 37098].

Attorney General Janet Reno blames Mr. Lee himself for his incarceration, because, after being falsely accused in a 59-count indictment, he declined to surrender his constitutional right of silence and discuss the missing tapes with the government (news article, Sept. 15).