Silence and Confessions The Suspect as the Source of Evidence
This book examines the treatment of suspects in interrogation and explores issues surrounding the right to silence. Employing a socio-legal approach, it draws from empirical research in the social sciences including social psychology to understand the pro
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Silence and Confessions The Suspect as the Source of Evidence Susan Easton Reader in Law, Brunel Law School, UK
© Susan Easton 2014 Softcover reprint of the hardcover 1st edition 2014 978-1-137-33381-0 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2014 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries ISBN 978-1-349-46239-1 ISBN 978-1-137-33382-7 (eBook) DOI 10.1057/9781137333827 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress.
For Blake, Holly, Teddy and Brio
Contents Acknowledgements
x
Table of Statutes
xi
Table of Cases
xiii
1
Introduction
2
The Debate on the Right to Silence Introduction Silence in court Silence during police interrogation The debate on the right to silence The Criminal Evidence (Northern Ireland) Order The Home Office Working Group on the Right to Silence The attack on the right to silence in the 1990s Advance disclosure The statutory duty to answer questions Silence at common law Conclusion
5 5 9 11 12 19 22 23 26 28 32 33
3
The Impact of the Criminal Justice and Public Order Act 1994 Introduction Silence in court Pre-trial silence Interpreting Section 34 The effect of legal advice Exercising the right to silence Conclusion
34 34 34 38 44 49 56 60
The Influence of International Human Rights Standards on the Treatment of Suspects Introduction The key sources of international human rights law The European Convention on Human Rights The interrogation of suspects Conditions in detention and extended detention
61 61 61 67 71 75
4
1
vii
viii
Contents
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