Right to Silence in UK Law
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The right to silence: Inferences and interference
The right to silence, or the privilege against self-incrimination, has long been recognised as an important procedural protection for the accused in the criminal process. The legislature of New Sou...
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The Right to Silence and Undercover Police Operations
While conducting doctoral research on international undercover operations, the author attended undercover training courses in the United States (US) and in Canada. He also conducted interviews with...
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A pragmatic attitude: The right to silence in the Netherlands
This article examines the workings of the right to silence in a system, which retains a large number of the original ‘inquisitorial’ elements. The right to remain silent was and is a highly contest...
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Silence with caution: The right to silence in police investigations in Belgium
This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclina...
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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 ...
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Keep silence for yourself: The protection of the right to silence in the Italian criminal justice system
The present article aims to discuss the protection of the right to silence in the Italian criminal justice system for an international audience. In Italy, the right to silence is a right that stems...
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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...
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Silence Matters: A survey of the right to silence in the summary jurisdiction of New South Wales
There is a scant existing literature on the relationship between the right to silence and its effect on convictions in Australia and comparable jurisdictions. Existing research has downplayed its s...
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Opening Pandora’s box: The right to silence in police interrogations and the Directive 2016/343/EU
This article examines the provisions of the Directive 2016/343 related to the right to remain silent with special emphasis on pre-trial proceedings and police interrogations. It focuses on the inhe...
- The right to silence in pre-trial investigations
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