RE: [Raven] BBC Online 10/2/2000: "Surveillance bill under fire"

> Presumably the right to silence, which still exists in the U.K., overrides
the powers supposedly granted to the police by this bill?

the right to silence is still there, but since the Criminal Justice Act
(1994, and strongly opposed at the time) the police caution now goes: "You
do not have to say anything. But it may harm your defence if you do not
mention when questioned something which you later rely on in Court. Anything
you do say may be given in evidence."

The stock reply is usually "I have nothing to say until I have consulted my
solicitor" and to ask the officer to record this reply. This gives you a
reasonable counter-argument when, in court, something like "the defendant
did not tell this to the investigating police but relies on it now, & in
doing so has hampered invesigations" is used to imply motives for your
silence.

(disclaimer: this is not legal advice)

Phil

_______________________________________________
raven mailing list
raven@ietf.org
http://www.ietf.org/mailman/listinfo/raven