The Rise and Fall of the Right of Silence

Cover
Title
Copyright
Dedication
Contents
Foreword
Acknowledgements
Table of cases
Introduction
1 The right of silence – a benchmark of justice?
	The background to the debate
	The origins of the right of silence
	Curtailing the right of silence: the debate
	New legal regimes: founding principles and fair trials
	Conclusion
2 The right of silence – a crime control target?
	Judicial comment
	Official inquiries and political debate
	The Criminal Justice and Public Order Act 1994
	Conclusion
3 Police custody, cop culture and the caution
	‘Cop culture’ and the right of silence
	PACE: a fair exchange?
	The complex and coercive caution
	The interview
	‘No comment’ interviews
	Conclusion
4 A ‘fundamental dilemma’: the undermining of legal representation at the police station
	Active defenders or babysitters?
	Provision of pre-interview legal advice
	Pre-interview disclosure
	Police interviews and the undermining of legal representation
	Conclusion
5 Silence in court
	The widening application of section 34
	‘Special warnings’ for failure to account for facts in interview
	Section 35 – ‘Hobson’s choice’ and inferences from not testifying
	‘Common sense’ inferences and lay tribunals
	The impact of the CJPOA
	Conclusion
6 Conclusion: the transformed landscape of the criminal trial
	The warning signs
	The aftershocks
	Collateral damage to the lawyer–client relationship
	The right will rise again?
	Conclusion
Legislation: Criminal Justice and Public Order Act 1994 (as enacted)
Methods
Bibliography
Index