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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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: Schools > Salford Business School > Salford Business School Research Centre
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: 16 Feb 2022 07:54

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