This research focuses on whether the right to silence should have been abolished. The ‘right to silence’ means that a suspect can say ‘no comment’ to all questions when accused of committing a crime. The suspect will therefore incur no penalty at trial, meaning their silence cannot be used as evidence against them. However, the UK law allows silence to go against the accused. A suspect is therefore expected to reveal their case at interview, but there is no corresponding duty on the police to reveal theirs. The EU says this goes against the presumption that a suspect is innocent until proven guilty. The principle that a prosecution must prove the defendant’s guilt beyond reasonable doubt, without assistance from the accused, has also been undermined. The author therefore recommends that this course cannot continue. Additionally, it is perhaps time to review the current position with a view to amending the law in this area.
Spencer, Zoe
Supervisors: Howe, M
Faculty of Humanities and Social Sciences
Year: 2016
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