Right to Silence in UK Law
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Brown v Stott (Procurator Fiscal, Dunfermline)
... ... At that stage the Advocate General for Scotland exercised her right to intervene ... 5 The appeal was heard in the High Court of Justiciary ... The European Court of Human Rights has recognised a right to silence and a right against self-incrimination at trial, both derived from article ... ...
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R v Mushtaq (Ashfaq Ahmed)
... ... It was quite right for him to hear evidence in the absence of the jury and to decide on the ... in article 6 of the European Convention includes the right to silence and the right not to incriminate oneself. The Court stated: "68 ... ...
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R v Cowan
... ... (1) whether the discretion to draw inferences from silence under section 35(3) should be open in the generality of cases or only ... that the section constitutes an infringement of the defendant's right of silence. By permitting a court or jury to draw an adverse inference ... ...
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Istel (AT & T) Ltd v Tully
... ... 1 This appeal concerns the ambit of that right to silence which is known as the privilege against self incrimination and ... ...
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R v Sang (on Appeal from HM Court of Appeal (Criminal Division))
... ... there is no defence of "entrapment" known to English law are clearly right. Many crimes are committed by one person at the instigation of others ... betrayer or in its popular English mistranslation "the right to silence". That is why there is no discretion to exclude evidence discovered as the ... ...
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Jefferson Ltd v Bhetcha
... ... circumstances such as those of the present case, while it would be right to adjourn the application for summary judgment, it would nevertheless not ... itself, of what is sometimes referred to as the "right of silence" and the reason why that right, under the law as it stands, is a right of ... ...
- R v Director of Serious Fraud Office, ex parte Smith
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Rank Film Distributors Ltd v Video Information Centre
... ... in another case Vice-Chancellor Page-Wood said that the court had a right to say to the person who has obtained the production of documents "those ... ...
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International Transport Roth GmbH and Others v Secretary of State for the Home Department
... ... comprising unjust restrictions on the free movement of goods and the right to provide haulage services contrary, respectively, to Articles 28 and 49 ... 29 15. The right to silence (implicit in the requirements of a fair trial) is illusory in practice ... ...
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R v Secretary of State for the Home Department, ex parte Khawaja
... ... along as if the appellant were still detained, and I think that is right because his personal liberty is undoubtedly restricted ... 4 The ... But, of course, deception may arise from silence as to a material fact in some circumstances; for example, the silence of ... ...
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