The Development Of English Law Relating To Silent Of Suspects During Questioning At The Police Station.

Student Number : 08012740601E
Law-10019 : Legal Skills
Assessed Essay Question 2008-2009

headway A

The development of English law relating to unsounded of suspects during doubting at the police force station.
The United Kingdom has been experiencing a subjugate of reviews, dating back to 1968, by various Royal Commissions and Committees, on whether retain, restrict or abolish the unspoilt to remain uncommunicative[1] during wondering(a) at the police station. Here the right to remain silent has to be considered as defined in Halsbury : “The failure of an impeach person when questioned to mention some fact which he by and by relies on in his defense cannot found an inference that the invoice subsequently advanced in untrue, for the accused has a right to remain silent… The failure of the accused to testify on his own behalf may not be made the takings of any comment… but he should make it guide to the jury that failure to testify is not evidence of fault and that the accused is entitled to remain silent and see if the pursuit can prove its case”.[2]
How did this right evoluate , what debates did it raised and why?



We will see in a first term that the legislation lately established that the right to remain silent stays primordial, and that failure to testify can not will rise to any criminal prosecution. In a second base part we will study the analyze of the court and the debates it raised, and then, in a third part, we will consider this problem in a larger sense, with the issues raised at a European level.

a.) Late changes in legislation.

Despite the fact that the right to remain silent during questioning at the police station has been clearly stated in Halsbury, strong political pressure remained to modify this right. The main argument in favor of a pass is relating to terrorism, as terrorist suspects exploited the right to silent when questioned by the police and raised ambush defense at trial[3]. That is why, to advise the...If you desire to get a full essay, order it on our website: Ordercustompaper.com



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