This right is based on the Latin maxim nemo tenetur se ipsum accusare (no man is bound to accuse himself’). This principle is found, explicitly or by convention, in many of the worlds legal systems including England and wales. (Murphy, P Murphy) Criminal justice and Public Order,1994, section 38, provides that no conviction shall be based wholly on silence of the accused. Furthermore, though not explicitly found in Europpean Convention of Human Rights, (Dennis, I H ,2002) still in the rulings of Europan Court of Human Right, right ot keep silence is maintained. ( Murray v. UK. 1996) It is therefore, found that Imtiaz’s silence during pre-trial period is based on his legal right and will not esteblish any offence against him. For this purpose, the prosecution can not equate his silence to his confession in a court of law. In order to esteblish any guilt, prosecution shall have to maintain his case beyond admission during custody and the case should be suported by the evidence.
To keep silence in pre-trail inquiry by police is an esteblished right of the accused. He may maintain his position even when there is no advice by his solisitor or his solicitor advices against silence.
It is found in this case that the accused Imtiaz had kept silence on advice of his solisitor and he also mentioned the same in his statement. However, he did not mention any reason for the same. Now, would there be a change in situation and legal consequences on the ground that accused had given any reason for solicitor’s advice? To be very simple, it must be seen in view of accused’s right. Accused is not bound by the advice of his solicitor as in the case of co-accused, Shannan, who refused to have a solicitor altogather and gave her statement. Solicitor is supposed to guide you as per law and no advice against the law of the land is expected from a legal counsel. In this case, too, the advice by Imtiaz’s solicitor is based on
There is often an argument in legal circles to count on silence of accused as a sign of guilt because he is supposed to provide reasons and defense arguments for every question raised during pre-trail investigation. In our question we will deal with the same issue. Is there any…
The author states that in Asif and Molly’s cases, the prosecution had the burden of proof. The standard applicable here is the ‘beyond reasonable doubt’ legal standard . Asif had been accused of stealing iPods and so was Molly. Although the evidential burden was represented by the presentation of witnesses.
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