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Chapter

Cover Sanders & Young's Criminal Justice

5. Police questioning of suspects  

This chapter examines the power of the police to question suspects, both in theory and in practice. It discusses the expanding powers of the police to interrogate, reflecting the drift from due process to crime control; the multiple aims of police interviews; the dwindling away of the right to silence, for example as a result of the introduction of adverse inferences and the ‘sidelining’ of legal advice; the (inadequate) regulation of interrogation, for example, through trial remedies founded on interviews being ‘unfair’ or ‘oppressive’ ; traditional police interview tactics; the development of investigative interviewing, based on the PEACE model; why the innocent confess and the role of coercion and suggestibility in this; and the need for a corroboration rule.

Chapter

Cover Evidence

5. The Right to Silence and the Privilege against Self-Incrimination  

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The implications for the privilege against self-incrimination of statutory provisions that criminalize the failure to provide information to law enforcement authorities are also considered.

Chapter

Cover English Legal System

11. The criminal process: The suspect and the police  

This chapter is concerned with the powers given to the police in order to investigate offences effectively, the limits to those powers, and the circumstances in which they may be exercised. It is concerned in particular with police powers to search, arrest, detain, and question suspects. The chapter also looks at the consequences that may follow when the police misuse their powers or break the rules. In relation to police interviews, it considers both the rules that protect suspects and the extent to which the right to silence has been eroded. Finally, the chapter examines who decides whether to bring a prosecution against a particular suspect and the criteria that are taken into account in making that decision.

Chapter

Cover Concentrate Questions and Answers Evidence

10. Privilege and public policy  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter covers evidence excluded for policy or public interest considerations: public interest immunity (PII). A party, witness or non-participant in proceedings may refuse to disclose information, papers or answer questions, even though such material may be highly relevant and reliable. If PII applies, neither party has access to the evidence. For privilege, the areas most likely to occur in Evidence courses are privilege against self-incrimination and legal professional privilege. The former includes the right to silence of the defendant. The privilege against self-incrimination is generally upheld by common law and by implication by Art. 6 of the European Convention on Human Rights (ECHR). Legal professional privilege is a common law exclusionary rule principle that applies in civil and criminal proceedings.