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by nothrabannosir 2347 days ago
According to lawyers I’ve spoken to in the U.K., your refusal to talk to the police is admissible as ... it’s somehow admissible in court. The prosecutor is allowed to tell a jury that it’s suspect you didn’t want to talk to the cops without a lawyer. Or something.

Can someone with know how elaborate on what exactly this means, in practical terms? What should someone do in the U.K.? Still remain silent?

3 comments

Your best bet is to remain silent unless your solicitor tells you overwise. If you are arrested in the UK you have a right to legal advice from the "duty solicitor".

Your refusal to speak to police can't be the only evidence against you. Silence is not a confession. It merely means that when you're in court the prosecution may make something of the fact that you didn't say anything to the police. They may claim that your testimony is less credible than it would have been. But it's up to the jury whether or not they agree with that. It is much more important what you say in court.

On the other hand, if you do speak to the police that may well be used against you as well, indeed it may be the main evidence if you unintentionally admit to a crime that you didn't know you committed, or you may provide crucial evidence for one aspect of a crime (such as intention) that would otherwise be difficult for them to prove.

If you do say something to police, a transcript will be made and it probably will be available to the jury. They will compare what you said to the police to what you said in court. Your court date may be a long time from your police interview. So you'd better be sure you can reproduce your answers months into the future.

https://en.wikipedia.org/wiki/Right_to_silence_in_England_an... elaborates on the special rules you've alluded to, which apply in certain situations in England and Wales. Unfortunately, the answer to "what should someone do if questioned by police" is still "it depends."
The US was founded by people who felt they were oppressed in Britain. There's a handy chart at the bottom of this web page that explains the differences: https://prestonbyrne.com/2016/01/06/uk-us-comparison/