The right to silence

The Evidence Act prohibits us from inferring that a defendant is guilty if he or she remains silent. That is a fundamental right in our Bill of Rights. But is there a distinction between making an adverse inference about a defendant's credibility and drawing an adverse inference about their guilt? It is a tricky legal issue that the Law Commission is exploring in its review of the Evidence Act.

Listen to Law Commission President Sir Douglas White explain the issue on our podcast.