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I read a source indicating that that's not quite true. Rather, if you don't answer questions at the time, the fact that you didn't can be introduced as evidence
by MichaelSalib 13y ago
I read a source indicating that that's not quite true. Rather, if you don't answer questions at the time, the fact that you didn't can be introduced as evidence in trial later on. I.e., if the police pick you up and question you about a murder and you don't tell them your alibi, the government is free to mention that in court to imply that your alibi was created after the arrest.
- UVB-76 13y agoThis is explained in the standard British police caution: > 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.
- shabble 13y agoThere are, I believe (IANAL) quite specific rules around the use of 'adverse inference'[1], which is the way in which your lack of answers can be used. On reading through the CPS guidance linked, the sheer complexity and number of potentially critical missteps someone unaware of the details could make is enlightening. Say Nothing. Get a Lawyer. (Cue "Never talk to the police" youtube link... I wonder if there is a comprehensive UK equivalent?) [1] http://www.cps.gov.uk/legal/a_to_c/adverse_inferences/ http://www.cps.gov.uk/legal/a_to_c/adverse_inferences/