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Murphy on Evidence

Murphy on Evidence (15th edn)

Richard Glover
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date: 12 October 2024

p. 44413. The rule against hearsay IV

The accused’s denials and silencelocked

p. 44413. The rule against hearsay IV

The accused’s denials and silencelocked

  • Richard GloverRichard GloverSenior Lecturer, School of Law, University of Wolverhampton

Abstract

The rules applicable to confessions are not necessarily applicable to all statements made by a suspect when confronted with his suspected involvement in an offence, because not all such statements are even partly inculpatory. Two situations are of particular importance: those in which the accused denies the allegations put to him, and those in which he remains silent in the face of the allegations. This chapter discusses the following: the accused’s denials; the accused’s silence at common law; the accused’s failure to mention facts when questioned or charged; the accused’s failure to account for objects, substances, or marks; and the accused’s failure to account for their presence at the scene of the offence.

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