Law of Criminal Evidence Case Study Example | Topics and Well Written Essays - 1000 words

Law of Criminal Evidence - Case contract ExampleThis includes any informal chat with police officers and contradictory to popular belief, right to silence has non been abolished.7 In recent years it has been endangered so that a magistrate can draw adverse deduction from the silence.Adrian, taken to Police Station on the suspicion of murdering wife Sandra, had informed his solicitor that he had been inebriety heavily. According to solicitors advice, Adrian keeps silent during interrogation. During run, he testifies that he unbroken silent on solicitors instructions as he was under influence of alcohol and could have impeach himself8. Again his testimony that he killed Sandra under innervation of her having an affair creates a controversy. If he was going to testify so, in what way he could have accused himself more than that One wonders at the necessity of remaining silent during interrogation. No doubt it provided him time to install his evidence but his confession to crime contradicts the relief provided by being silent9 and it is not his role to helper the police to build up a case against him and it is always better to say nothing if in doubt and it does not prove Adrians guilt.Right exists to avoid self-incrimination and it extends from the moment free movement is terminated every by arrest or by being in police station, till the end of trial. It cannot be said that is very practical in Adrians case10 although the background of the case is very important and throw pull ahead light.Whether advice to remain silent is the result of a case specific evaluation or whether it is a outline applied to classes of case or classes of suspect, or whether it is a general strategy applied by authentic types of staff utilised for police station advice by some firm of solicitors11 Terrorism laws have undermined the consequence of this right. As it stands, while accused is entitled to remain silent, he is also cautioned that during trial adverse certainty cou ld be drawn from such a silence, as being silent due to guilt, or readying to fabricate fiction. In Adrians case, as what he told the court could have as well been told the police as hitherto dislodging of alibi do not exist here. It could also be argued that he deliberately kept silent to misguide the interrogating officers and prosecution. According to research, protecting others too could be a reason for silence. Although it is often assumed that guilt is the only significantly occurring motive for silence, the present findings suggest that protecting others is a motive in a small but significant proportion of silence cases12.In May, 2000, a couple convicted on drug charges won legal action in European Court of Human Rights over comments of the trial judge on their silence13. ECHR ruled that their fair trial rights were violated by judges comments on their silence during interrogation14. As they were suffering from heroin withdrawal symptoms, they were asked by solicitor to re main silent15. Judge had given the option of draft an adverse inference from their silence. Court also ruled that silence is not an absolute right in all cases even though it is accepted as the most fundamental right of the suspects but was curtailed by Criminal rightness and Public Order Act 1994. Failure to mention fact can be allowed to draw inference. interrogation 2 Robert who had