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We used to have a right to silence in England. Our current Miranda equivalent police caution says: > You do not have to say anything, but it may harm your def
by DanBC2 14y ago
We used to have a right to silence in England. Our current Miranda equivalent police caution says:
> You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.
We also tend not to have "loopholes" - someone not getting the correct caution will have to go through years of expensive law . Their case isn't won just because of a missing warning. (I think; I am not a lawyer.)
It's a shame. Right to silence may have started here:
(https://en.wikipedia.org/wiki/Miranda_warning#England_and_Wales https://en.wikipedia.org/wiki/Miranda_warning#England_and_Wa...)
But is being attacked here:
(https://en.wikipedia.org/wiki/Right_to_silence_in_England_and_Wales#Facts_later_relied_upon https://en.wikipedia.org/wiki/Right_to_silence_in_England_an...)
- notahacker 14y ago"Being attacked" seems a bit strong and current for a change that passed into law 18 years ago. If anything, protection for the defendant has been strengthened since then with the introduction of a clause making that section inapplicable to anyone questioned before they've had chance to speak with a lawyer. You have the right to remain silent. You don't have the right for the jury to draw no "reasonable inferences" from your insistence on remaining silent.