Conference Poster


The 'Right to Silence': Is the EU Presumption of Innocence Directive a Missed Opportunity for the UK?

Abstract

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.

Attachments

Authors

Spencer, Zoe

Contributors

Supervisors: Howe, M

Oxford Brookes departments

Faculty of Humanities and Social Sciences

Dates

Year: 2016


© The Author(s)
Published by Oxford Brookes University

Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License


Related resources

This RADAR resource is Part of Get Published!

Details

  • Owner: Rosa Teira Paz
  • Collection: Research
  • Version: 1 (show all)
  • Status: Live
  • Views (since Sept 2022): 112