Inferences can be drawn from a suspects silence even where he or she has not recevied legal advice. The court in Murray v UK held that the denial of legal advice breached Art 6 of the ECHR. S58 YKCEA 1999 now provides that no inferences can be drawn if the accused was in police detention and did not have prior access to a solicitor.

Question

Quizplus · Accepted Answer

Under s58 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999), it is specifically provided that adverse inferences cannot be drawn from silence if the accused has not been allowed an opportunity to consult with a solicitor during police detention. This provision aims to protect the rights of the accused under the European Convention on Human Rights (ECHR), particularly in light of the decision in Murray v. UK, which highlighted the importance of legal advice in ensuring a fair trial under Article 6 of the ECHR.

Inferences Can Be Drawn from a Suspects Silence Even Where