3 ms·
I'm no lawyer and I have no specific experience with the law in the UK, but I think the best path here is to shut the hell up and not answer anything until you
by icambron 13y ago
I'm no lawyer and I have no specific experience with the law in the UK, but I think the best path here is to shut the hell up and not answer anything until you get a lawyer. He was foolish to turn one down. You may be legally compelled to answer, but the consequences of your silence ultimately gets decided by a judge. I'd rather take my chances that the judge would rule it was a misuse of the Terrorism Act than trust some random cops with my passwords. And even if I were to fold under pressure, I'd do so with a lawyer's advice and not just because some goons threaten me.
At least, that's how I'd hope I'd behave, and that it wouldn't land me in Guantanamo without access to a lawyer or due process. I can certainly see how this kind of aggressive police tactic scares the shit out of people, and they may not know their options or be in a position to think about them clearly. And regardless of what the optimal approach was for Miranda, clearly this was a huge violation of his rights. "Know your rights" isn't a substitute for "they shouldn't abuse them".
But still: when you're detained and you're not sure what to do, default to silence.
- christoph 13y agoYou do realize under these laws, he was: 1) Not entitled to a lawyer 2) Not entitled to silence Rights you say... what rights?
- icambron 13y agoAccording to the article he was offered a lawyer said no. You should basically never turn that down. Also, if someone tells you that you don't have a right to silence, continue being silent. I know that's easy for me to say from where I'm sitting, but I'm pretty confident it's good advice, even in Heathrow Airport. At least give yourself a chance to beat the system.
- christoph 13y agoI believe he was only allowed access to a state provided lawyer. Whether refusing this was a good/bad move is anybodies guess. They quite clearly denied him access/conversation to his own choice of lawyer. I can't find a clear list of rights allowed to a person held under the act (http://www.legislation.gov.uk/ukpga/2000/11/schedule/7 http://www.legislation.gov.uk/ukpga/2000/11/schedule/7). It's quite clear from the above who is fully in control and who isn't though - silence will lead to prison and/or a fine.
- dwiel 13y agoHe asked to talk to Glenn, who is a lawyer and they refused. Could he really trust that the lawyer they had queued up for him would be on his side?