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Legal advice and pre-trial silence: Unreasonable developments

Cooper, S 2006, 'Legal advice and pre-trial silence: Unreasonable developments' , International Journal of Evidence and Proof, 10 (1) , pp. 60-69.

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    Abstract

    This article examines recent case law concerning the drawing of adverse inferences, pursuant to s. 34 of the Criminal Justice and Public Order Act 1994, from a suspect’s failure to mention during pre-trial interview facts that he subsequently relies on in court. The cases reveal that even a defendant who genuinely accepts and follows legal advice to remain silent cannot be confident that adverse inferences are precluded. It is argued that more careful thought needs to be given to what constitutes a genuine reliance on legal advice. Suspects who do genuinely rely on bona fide legal advice should not have adverse inferences drawn against them.

    Item Type: Article
    Themes: Subjects / Themes > K Law > K Law (General)
    Subjects outside of the University Themes
    Schools: Colleges and Schools > College of Business & Law > Salford Business School > International Strategy People Management & Salford Law
    Journal or Publication Title: International Journal of Evidence and Proof
    Publisher: Vathek Publishing
    Refereed: Yes
    ISSN: 13657127
    Funders: Non funded research
    Depositing User: H Kenna
    Date Deposited: 12 Jan 2009 10:00
    Last Modified: 29 Oct 2013 13:54
    URI: http://usir.salford.ac.uk/id/eprint/1024

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