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The right to remain silent

Has the balancing act been achieved?

Matt Busby asks whether legislation has effectively abolished the suspect’s right to silence

This article is relevant to AQA A2 Unit 4 (concepts of law).

The right to silence had previously been a strong safeguard for suspects when being detained at a police station and in court on trial. Prior to 1994, a suspect could refuse to answer any questions in the police station and in court. This had clear implications for prosecutions, as the prosecution could not suggest to the court that the defendant’s silence implied guilt.

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Previous

Disadvantages of the legislative process

Next

Tribunals in the English legal system

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