Law of Criminal Evidence Essay Example | Topics and Well Written Essays - 1500 words - 1

Law of Criminal Evidence - Essay ExampleThis indemnify is form on the Latin maxim nemo tenetur se ipsum accusare (no man is bound to accuse himself). This principle is found, explicitly or by convention, in many of the worlds legal systems including England and wales. (Murphy, P Murphy) Criminal justice and Public Order,1994, section 38, provides that no conviction shall be based wholly on silence of the accused. Furthermore, though not explicitly found in Europpean Convention of Human Rights, (Dennis, I H ,2002) still in the rulings of Europan Court of Human Right, aright ot keep silence is maintained. ( Murray v. UK. 1996) It is thitherfore, found that Imtiazs silence during pre-trial period is based on his legal right and will not esteblish any offence against him. For this purpose, the prosecution can not equate his silence to his acknowledgment in a court of rectitude. In order to esteblish any guilt, prosecution shall have to maintain his grounds beyond admission during custody and the cheek should be suported by the evidence.To keep silence in pre-trail research by police is an esteblished right of the accused. He may maintain his position even when there is no advice by his solisitor or his solicitor advices against silence.It is found in this case that the accused Imtiaz had kept silence on advice of his solisitor and he also mentioned the same in his statement. However, he did not mention any reason for the same. Now, would there be a change in situation and legal consequences on the ground that accused had inclined any reason for solicitors advice? To be very simple, it must be seen in candidate of accuseds right. Accused is not bound by the advice of his solicitor as in the case of co-accused, Shannan, who refused to have a solicitor altogather and gave her statement. Solicitor is supposed to guide you as per law and no advice against the law of the land is expected from a legal counsel. In this case, too, the advice by Imtiazs solicitor is based on