top of page
  • strata-g22

The right to remain silent

Updated: Jun 5, 2020

We all know the carol Silent Night. As we head into the holidays, it is important to know that you truly do have a right to remain silent.

As the festive season comes into full swing, it is inevitable that there will be an increase in driving-related and alcohol-fuelled incidents. Here we provide some useful information on how the law protects us and give some advice for dealing with police encounters.

A police officer can arrest anyone without a warrant if they have reasonable grounds to suspect they have committed an offence or are committing an offence. The burden of proof, or onus, is on the police to gather the evidence to support these grounds. On arrest, the officer must caution the arrested person — or as soon afterwards as is reasonably practicable — that they have been arrested and that they are not obliged to say anything, but that anything they do say may be used in evidence against them.

In plain terms, after arrest a suspect need not say anything to the police, beyond providing basic personal information — name, date of birth and address.

14 views0 comments

Recent Posts

See All

Mr. Archibald B W Warner joins Resolution Chambers

We are very pleased to announce Mr. Archibald B W Warner has joined Resolution Chambers as Senior Legal Consultant. He can be reached on 300-1619, or by submitting an en

Justice delayed is justice denied

Dear Sir, It was with consternation that I read in The Royal Gazette of recent edition “that it is unlikely there will be any further jury trials for the rest of 2020”. I am sure that the judge who ma


bottom of page