4 ms·
> their "right to remain silent" There are limits to this right (as to all rights), but it would be wrong to suggest that a "right to remain silent" does not e
by dane-pgp 5y ago
> their "right to remain silent"
There are limits to this right (as to all rights), but it would be wrong to suggest that a "right to remain silent" does not exist in English law. As Wikipedia states (admittedly without citation):
> In England and Wales, the right of suspects to refuse to answer questions during their actual trial (the "right to silence", or the right to remain silent as it is now known) was well established at common law from the 17th century.[0]
More helpfully, the article also quotes a ruling of the European Court of Human Rights, which held that:
> the right to remain silent under police questioning and the privilege against self-incrimination are generally recognised international standards which lie at the heart of the notion of a fair procedure under Article 6.
[0] https://en.wikipedia.org/wiki/Right_to_silence_in_England_and_Wales https://en.wikipedia.org/wiki/Right_to_silence_in_England_an...
- hef19898 5y agoSince OP mentioned military police, I'm not sure soldiers on active duty actually have that right, generally speaking.
- dane-pgp 5y agoIf OP meant "they have neither, in the context of being questioned by military police", then I don't think that's a difference between English law and American law, it's a difference between the laws that apply to civilians and the laws that (additionally) apply to members of the armed forces.
- simonh 5y agoThat's correct, I meant the former.