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CJPOA ’94, s34-39 and s48

Comment 6th July 2010

Repeal s34-36 of the Criminal Justice and Public Order Act 1994, which abolished the Right to silence, the way it used to be. Abolish the right of the Court to make 'adverse inference' if the suspect decides to use his right to remain silent. My proposals are in line with the current EU position which gives a suspect the right to remain silent without the danger of 'adverse inference'.

s48 CJPOA 1994 and the CPIA '96. 'Plea Bargains' and 'Compulsory Disclosure' by the suspect before a Trial.

Why does this matter?

My ideas are important because their implementation would result in a redress of the incremental infringement on civil liberties and human rights by the Labour Government. Restoring the 'Right to Silence' to its pre CJPOA'94 position would reduce the dangers of self-incrimination by the suspect and affirm the notion of the 'presumption of innocence' of the suspect, and also help to bring England in line with the EU position on the matter.

Abolition of 'Plea Bargains' and 'Compulsory Disclosure' would also reduce the dangers of self-incrimination by the suspect as as result of mentioning certain facts to the Prosecution before getting legal advice.  



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