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Repeal of rule on adverse inferences

Comment 6th July 2010

The repeal of the rule on adverse inferences in Criminal Justice and Public Order Act 1994 as this curtails the right to silence

Why does this matter?

This rule is a serious infringement of the right to silence. Despite the Runciman Commssion's opposition to the Conservative government of the time went ahead with it. We are now in a position, where laws are being framed with the starting point being that of a presumption of guilt and the requirement that the D must prove themselves innocent. This approach is most often taken as a matter of administrative convenience rather that clear legal necessity.

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