Topic

Is the test for allowing inferences to be drawn from silence on legal advice too harsh?

Author

B Malik

Viewpoint

Reviews the differing approaches of the Court of Appeal in R v Betts and Hall (2001) and R v Howell (2003). In the latter the court held that genuine reliance on legal advice, as accepted in Betts and Hall, was not sufficient: it had also to be reasonable. Suggests that consequently the suspect is having to ‘second guess’ the jury and calculate whether it will believe that reliance on legal advice was the true reason for his or her silence.

Source

‘Silence on Legal Advice: Clarity but Not Justice? R v Beckles’ (2005) 9/3 E&P 211

Topic

Importance of availability of legal advice for suspect at police interview

Author

I Dennis

Viewpoint

Cadder (2010) will have a clear impact on English law. It is likely to lead to exclusion of a confession in the overwhelming number of cases where a suspect makes a confession after requesting legal advice in vain.

Source

‘Legal Advice in Police Stations: 25 Years On’ [2011] Crim LR 1