Saturday, November 19, 2011

Do you have a right of silence in magistrates or crown courts?

If a judge, prosecutor, or magistrate asks you a question in court, are you required legally to answer it?


I understand that if you lie, then this would be perjury.





And if it is illegal to say nothing, what are the penalties of so doing?|||I work in a crt so the answer to this is! No you have the right to say nothing. If u are a witness in a case in the Magistrates and they need your evidence they could put in an application to treat you as a hostile witness. This means that if this is granted the court will be able to read your statement that you made. The magistrates or district judge will then decide from that instead. Everyone has the right to say nothing if they want|||You'd be held in contempt, I would think. In the real court, the Crown Court.|||That depends if you are the one on trial. If so, Yes you can remain silent.|||You do not have to say anything that will damage your case.|||You do not have the right to not answer a question if there is a chance you will be incriminated like Americans.





If you believe the answer will put you in jeapordy or danger you can ask to be allowed to answer the quesion in camera.





If they do not grant this then you will be held in contempt and sent to prison|||I am pretty sure you have to answer any questions given unless it is proven unneseccary(sor spelling)


It also depends where you are.


Different rules apply to places|||according to UN and EU declaration of human rights (UK is a signatory) an accused person has the right to silence, to avoid incriminating himself, and in which case it is the burden of the prosecution to prove their case. I know not exactly which one, but there is a UK law which says that silence may be taken as indicative of guilt in some cases, which many see as an illegal counter to the UN law. Under UK law an accused person may not suffer any penalty for specifically exercising his / her right to silence and failing to answer questions in court|||In English law the accused may not suffer any penalty for exercising his or her right to silence and declining to answer questions in court.





However, as they tell you when you're originally cautioned, it's always possible that the magistrates or jury, depending which court you're in, will infer that you have something to hide, which may colour their judgement.|||If it can incriminate you then you do not have to answer. Otherwise, answer away.|||The accused always has a right of silence but it may and probably will harn the defence|||I assume you mean if you are the accused?.If so no you don't need to take the stand.In English law it is the duty of the prosecution to prove you are guilty and not yours to prove otherwise therefore you can shut up often the defence lawyers advise their clients not to speak in their own defence.If you are a witness then you must answer and can be held in contempt if you don't.|||If you are the defendant then you will (hopefully) have employed counsel to speak on your behalf.





But, there comes a time when you are given an opportunity to put your version of events across.





If you won't answer the questions then the court could assume guilt! But no one can force you to speak.





You are only in contempt if you fail to adhere to a court ruling (if you are summonsed to appear then don't show up even as a witness)





You perjure yourself if you lie on oath!

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