Re:MI5 'secretly collected phone data' for decade
by mekal on Friday November 06, 2015 @09:24AM
(#10519569)
"But it may harm your defense if you do not mention when questioned something which you later rely on in court."...do u mind explaining to me (american) exactly what that means? like if the cops arrest me and ask where i was last night and I don't tell them i was having dinner with their chief's wife (and thus not murdering mine), does that mean i absolutely cannot use that fact as part of my defense if my lawyer decides during trial it might be a good idea?" and do u at least have the right to have a lawyer present when you're being questioned like this?
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Re:MI5 'secretly collected phone data' for decade
by pjc50 on Friday November 06, 2015 @11:19AM
(#10520238)
https://en.wikipedia.org/wiki/Right_to_silence_in_England_an... is a good summary. You can claim it later, although the jury are entitled to infer from your not mentioning it earlier that you've made it up since the initial questioning. It has to be related to factual matters which you're actually questioned about. You're entitled to shut up until you get your lawyer present for the police questioning, but at that point you have to have your story straight.
A longer discussion: http://www.publications.parliament.uk/pa/ld200304/ldjudgmt/j...
Re:MI5 'secretly collected phone data' for decade
by sithadmin on Friday November 06, 2015 @09:45AM
(#10519682)
> like if the cops arrest me and ask where i was last night and I don't tell them i was having dinner with their chief's wife (and thus not murdering mine), does that mean i absolutely cannot use that fact as part of my defense if my lawyer decides during trial it might be a good idea?
The issue is that a prosecutor may use the omission of certain facts during your interrogation as a way to cast doubt on your intentions or character. It's a very common tactic.
>do u at least have the right to have a lawyer present when you're being questioned like this?
In the US? Always.
Re:MI5 'secretly collected phone data' for decade
by mekal on Friday November 06, 2015 @10:31AM
(#10519921)
i was asking about britain
Re:MI5 'secretly collected phone data' for decade
by pbhjpbhj on Friday November 06, 2015 @10:50AM
(#10520053)
https://www.gov.uk/arrested-your-rights/legal-advice-at-the-... explains things quite well. IIRC you're obliged to identify yourself when questioned but don't have to give any other details. You then have the right to legal representation, a free independent lawyer is provided on request if you don't have one.
I don't think we have a complete right of silence without - for example - being found in contempt of court.
Re:MI5 'secretly collected phone data' for decade
by pjc50 on Friday November 06, 2015 @11:26AM
(#10520269)
It won't result in contempt of court, but it will result in a direction to the jury that they're entitled to consider unsupported statements you've made in court (but not earlier) as false.
Re:MI5 'secretly collected phone data' for decade
by will_pseudonym on Friday November 06, 2015 @10:09AM
(#10519793)
There is nothing to gain by telling the police anything. If it's beneficial to your case, tell your lawyer. Don't talk to police!
Re:MI5 'secretly collected phone data' for decade
by jellicle on Friday November 06, 2015 @10:56AM
(#10520087)
The rules of evidence are different in the UK. Be careful giving US-specific advice to a world audience.
Re:MI5 'secretly collected phone data' for decade
by will_pseudonym on Friday November 06, 2015 @12:54PM
(#10520800)
I am so sorry about that! I misread and thought it was US-specific.