Adverse Inference in UK Law
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‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?
This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assist...... ... , the r emoval of the corroboration requirement, the r ejection of adverse inference provisions, and a change in the manner in which the appeal ... ...
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Talking to the enemy: Explaining the emergence of peace talks in interstate war
Why are some states open to talking while fighting while others are not? We argue that a state considering opening negotiations is concerned not only with the adverse inference that the opposing st...... ... opening negotiations is concerned not only with the adverse inference that the oppos-ing state will draw, but also the actions that ... ...
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Talking to the enemy: Explaining the emergence of peace talks in interstate war
Why are some states open to talking while fighting while others are not? We argue that a state considering opening negotiations is concerned not only with the adverse inference that the opposing st...... ... opening negotiations is concerned not only with the adverse inference that the oppos-ing state will draw, but also the actions that ... ...
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Ireland: Curtailment of the right to silence through statutory adverse inferences
In Ireland, the right to silence has been significantly impacted by the legislative introduction of adverse inference provisions. In specified circumstances, with varying threshold requirements, a ...... ... City University, IrelandAbstractIn Ireland, the right to silence has been signicantly impacted by the legislative introduction ofadverse inference provisions. In specied circumstances, with varying threshold requirements,a suspects failure to answer questions or provide information during Garda ... ...
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Australia: Reform of Criminal Trial Procedure — The Limits of the Right to Silence
The report of the Working Group on Criminal Trial Procedure did not discuss the right to silence in any detail or arrive at any conclusion about it. There were, it appears, two reasons for this. Fi...... ... , namely, providing for a jury to be capable of drawing an adverse inference from a failure to disclose and for a defendant to be told that a ... ...
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The Evolution of the Defence Statement
... ... Keywords ... Disclosure; Procedure; Defence statement; Content; Adverse ... inference ... More than a decade after its initial implementation, ... ...
- Is it Constitutionally Permissible to Infringe the Right to Remain Silent?
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Reasons To Be Cheerful
... ... recommendations of the trial judge, but stated that an adverse inference justifying judicial review could be drawn if there ... ...
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Criminal Justice and Public Order Act 1994, S. 34: Silence in Reliance on Legal Advice
... ... that they, the jury, could in appropriate circum-stances draw an adverse inference from the exercise of that right. Thejudge during the summing-up ... ...
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Joseph A. Greenaway Jr. Lecture Series on Law and Justice-Speak at Your Own Peril
This lecture given at Birmingham City University School of Law, March 21, 2019 considers the origins of the right to silence in the jurisprudence of the Supreme Court of the United States and compa...... ... 34 The trial court added as part of its instruction that the adverse inference did not affect the presumption of innocence nor shift the burden ... ...
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