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The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination .
The right to silence in Scots law has been enshrined in statute by section 34 of the Criminal Justice (Scotland) Act 2016. Previously, the right to silence, as with much of Scots criminal law, was held under common law. The common law caution given by police to inform a person of their right to silence in Scotland is:
John Murray v United Kingdom was a legal case heard by the European Court of Human Rights in 1996 regarding the right to silence in the United Kingdom, especially the legality of the reduction in the right so as to allow for adverse inferences to be made.
This was the first UK murder trial held behind closed doors. The UK press were prohibited from speculating as to the reasons for this order. [171] [172] In 2008, the poem Education for Leisure was removed from the AQA Anthology, after complaints were received. The poem explores the mind of a person who is planning to commit a murder. [173]
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.
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Felthouse v Bindley [1862] EWHC CP J35, is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one's offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance".
Legislation.gov.uk provides the revised editions of the legislation of the United Kingdom. Note that some acts consolidate and reorganise prior acts; these are called consolidation acts . Series