10 May 2018
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.
Thursday, May 10, 2018