Criminal Justice and Public Order Act 1994, S. 34: Silence in Reliance on Legal Advice

2005 ◽  
Vol 69 (2) ◽  
pp. 119-122
Author(s):  
Simon Cooper
Keyword(s):  
Criminal Justice ◽  
Public Order ◽  
Legal Advice

5. The Right to Silence and the Privilege against Self-Incrimination

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The precise extent to which the privilege against self-incrimination applies to real evidence also remains uncertain and is an issue requiring resolution.

5. The Right to Silence and the Privilege against Self-Incrimination

2021 ◽  
pp. 115-141
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The implications for the privilege against self-incrimination of statutory provisions that criminalize the failure to provide information to law enforcement authorities are also considered.

scholarly journals TRANCE-GRESSION: TECHNOSHAMANISM, CONSERVATISM AND PAGAN POLITICS

2010 ◽  
Vol 4 (2) ◽  
pp. 201-220
Author(s):  
David Green
Keyword(s):  
Criminal Justice ◽  
Environmental Politics ◽  
The Political ◽  
Public Order ◽  
Moral Panics ◽  
Especial Reference ◽  
Conservative Government ◽  
Rave Culture ◽  
Spiritual Freedom

This article looks at the politics of successive Conservative governments in Britain in the 1980s and ‘90s through the lens of the increasing politicisation of Paganisms in that period. A wave of moral panics in the late ‘80’s and early ‘90s concerning marginal communities – such as Ravers, New Age travellers and anti-road protesters – and their ‘riotous assemblies’, culminated in the Conservative Government of John Major enacting The Criminal Justice and Public Order Act of 1994. This was seen by these communities as legislation against alternative lifestyles and, in some respects, an infringement of spiritual freedom. Using the case study of technoshamanism – a Pagan meeting of ‘rave’ culture and neo-shamanism – I wish to examine how the political and Pagan religious landscapes of ‘80s and ‘90s Britain intersected and led to politically engaged forms of Pagan practice often centred around grassroots lifestyle and environmental politics. This will be explored with especial reference to the politicisation of The Spiral Tribe, a technoshamanic collective of the early ‘90s, and their increasing involvement in resisting the 1994 Act and promotion of campaigns such as Reclaim the Streets.

Competing Models for Approaching Violence and Conflict and their Points of Contact

2021 ◽  
pp. 26-64
Author(s):  
Lidia Luisa Zanetti Domingues
Keyword(s):  
Criminal Justice ◽  
Public Order ◽  
Social Harmony ◽  
Order Model ◽  
Late Medieval ◽  
Social Actors ◽  
The Public ◽  
Competing Models

In the first chapter, the three models of approaching crime and violence that coexisted in late medieval Siena (the culture of revenge model, the public order model, and the penitential model) are described, and differences and similarities between them are analysed. The commonality of the language used by different social actors to talk about violence, criminal justice, and social harmony is identified as something that promoted exchanges between models. However, the chapter also highlights that, although models overlapped and the lay government tended to borrow concepts and ideas from penitential elaborations in order to promote ideas of peace and public order, the ultimate goals and visions that different social actors had were and remained different.

19. Character Evidence and the Accused as a Witness at Trial

2021 ◽  
pp. 361-387
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Public Order ◽  
Character Evidence

This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; the admissibility of a defendant’s past bad character; admissibility of defendant’s good character; and arguments for and against the defendant giving evidence.

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