The right to silence

Publication Date 
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.

Date Given 
Thursday, May 10, 2018