Silence: Lord Taylor's Legacy

Pattenden, Rosemary

doi:10.1177/136571279800200301

Cited by 1 publication

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“…84 The domestic courts have 'had some difficulty in giving effect to [this] ruling'. 85 The Court of Appeal appears to have found the crime control 86 arguments more compelling than those of human rights in relation to the right of silence. The Court first held that it is not the quality of the suspect's decision to remain silent that matters but the genuineness of that decision; 87 it then held that the jury should apply a more stringent objective 88 test in deciding this.…”

Section: The Court's Approach To Adverse Inferences and Legal Advicementioning

confidence: 99%

Twenty years on, the right of silence and legal advice: the spiralling costs of an unfair exchange

Quirk

2020

NILQ

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This article appraises the cumulative effects of the curtailment of the right of silence after 20 years. A controversial measure when enacted, its long-term effects have not been examined. It is argued that the Act was introduced on a flawed premise; has been interpreted very broadly; and has facilitated further restrictions on due process rights. Drawing upon the case law, academic commentary and empirical research, it is argued that the provisions have compromised the lawyer–client relationship and undermined the effectiveness of legal representation. Not only have the provisions made police interviews part of the trial (as Jackson argues), but they have also imported to the courtroom traditional police suspicions of defendants and their lawyers. The court has accordingly interpreted the provisions to the detriment of another ‘fundamental condition’; legal professional privilege. The changes have thus had a wider impact than was envisaged at the time.

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Section: The Court's Approach To Adverse Inferences and Legal Advicementioning

confidence: 99%

Twenty years on, the right of silence and legal advice: the spiralling costs of an unfair exchange

Quirk

2020

NILQ

View full text Add to dashboard Cite

show abstract

Silence: Lord Taylor's Legacy

Cited by 1 publication

References 0 publications

Twenty years on, the right of silence and legal advice: the spiralling costs of an unfair exchange

Twenty years on, the right of silence and legal advice: the spiralling costs of an unfair exchange

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