Right to silence

What is it about?

This article critically examines the development of statutory restrictions on the common law right to silence in the UK, providing insight from common law, jurisprudence and historical legal contexts, and considering the broader context of the privilege against self-incrimination, and critically evaluates the development restriction of the right, by ss 34–38 of the Criminal Justice and Public Order Act 1994.

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Why is it important?

An historical analysis is described, in order to fully appreciate, the reasoning why a right to silence, should be at the cornerstone of any individual defence who is accused of criminal conduct.