Self-incrimination - English & Welsh Law

English & Welsh Law

See also: Right to silence in England and Wales

The right against self-incrimination originated in England and Wales. In countries deriving their laws as an extension of the history of English Common Law, a body of law has grown around the concept of providing individuals with the means to protect themselves from self-incrimination. As with other features of Scots criminal and civil law, both common and statute law originated differently from that in England and Wales.

Applying to England and Wales the Criminal Justice and Public Order Act 1994 amended the right to silence by allowing inferences to be drawn by the jury in cases where a suspect refuses to explain something, and then later produces an explanation (in other words the jury is entitled to infer that the accused fabricated the explanation at a later date, as he or she refused to provide the explanation during the time of the Police questioning. The jury is also free not to make such an inference).

Read more about this topic:  Self-incrimination

Famous quotes containing the words english, welsh and/or law:

    The French courage proceeds from vanity—the German from phlegm—the Turkish from fanaticism & opium—the Spanish from pride—the English from coolness—the Dutch from obstinacy—the Russian from insensibility—but the Italian from anger.
    George Gordon Noel Byron (1788–1824)

    For every nineteenth-century middle-class family that protected its wife and child within the family circle, there was an Irish or a German girl scrubbing floors in that home, a Welsh boy mining coal to keep the home-baked goodies warm, a black girl doing the family laundry, a black mother and child picking cotton to be made into clothes for the family, and a Jewish or an Italian daughter in a sweatshop making “ladies” dresses or artificial flowers for the family to purchase.
    Stephanie Coontz (20th century)

    You can no more bridle passions with logic than you can justify them in the law courts. Passions are facts and not dogmas.
    Alexander Herzen (1812–1870)