Nail and Wire
| Published date | 01 October 1955 |
| Author | Gwyn Smith |
| Date | 01 October 1955 |
| DOI | 10.1177/0032258X5502800405 |
| Subject Matter | Article |
NAIL
AND
WIRE
265
seemed good to him, to refrain from disclosing to the court facts
of
which he was aware and then to introduce them subsequently by way
of
a bill
of
suspension when he is dissatisfied with the sentence
pronounced. To open the
door
to such a practice would destroy any
finality in criminal proceedings." Lord Clyde went on to say that the
report lodged did not, in any event, warrant probation.
THE
RIGHT
TO
REMAIN
SILENT
Cryans v. Nixon
We have received from a correspondent an instructive comment on
the judgment of the Lord-Justice-Clerk in the case of Cryans v. Nixon,
reported in the April issue of this
JOURNAL
(p. 106). The passage upon
which the comment is made is
that
in which Lord Thomson said that
the situation might have been different had the appellant (on being
interviewed by the Police) failed to say anything at all or
had
what he
said been proved to be untrue. Does this mean that aScottish court
may draw an inference
of
guilt from the silence
of
asuspect?
Generally, the answer is no. The right of an accused, or suspect, to
remain silent is as strongly established in the law
of
Scotland as in
that
of
England. But an exception may arise where, because of being
found in "recent possession" of stolen property, a suspect is put in
the position
of
having to explain his
possession-or
of having the
inference drawn
that
he is unable to do so and is guilty of theft. The
situation created by "recent possession" is one in which, at least to
some extent, the onus has passed, so
that
it may be for the suspect to
clear himself. .
Lord Thomson's observations were,
of
course,
obiter-i.e.
unneces-
sary for the decision. We do not think
that
silence on the
part
of
Cryans would, in all the circumstances, have justified his conviction.
Nail
and
Wire
By
DETECTIVE
INSPECTOR
GWYN
SMITH
Glarnorgan County Constabulary.
THE
unusual can never occur in a rural community without
attracting the attention
of
those whose ways
and
labours lie
therein. Forensic science and its aids to police investigations seems
a far cry from the life
of
countryfolk, but the curiosity and inquisitive-
ness even of a farm-hand or rural labourer allied to modern aids can
prove most useful links in the investigation and detection of crime.
The combination of these factors occurred in a recent case of thefts
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