So that "right to remain silent" bit is just something they put in The Bill because it sounds good?

(wellgroomedwookiee is a filthy-minded hobgoblin, Wed 6 Oct 2010, 12:21, 1 reply, 15 years ago)

That's a right to remain silent, different to the American 5th amendment

( Labia Majora You keep on talking but it makes no sense at all, Wed 6 Oct 2010, 12:25, Reply)

But "you have the right to remain silent, except when we ask for your passwords" is a clear erosion of this right,
is it not?
(wellgroomedwookiee is a filthy-minded hobgoblin, Wed 6 Oct 2010, 12:30, Reply)

It's got fuck all to do with the right to silence.
It's failure to comply with the terms of a warrant.

Incidentally, while remaining silent can no longer be taken as an admission of guilt, it's a fairly fucking stupid defence, do you not think?
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 6 Oct 2010, 12:34, Reply)

It's not a defence. It's refusing to assist the police in their enquiries.
Hence the "it may harm your defence if you do not mention when questioned something which you later rely on in court" bit.

I'll need to do some more research on the warrant thing.
(wellgroomedwookiee is a filthy-minded hobgoblin, Wed 6 Oct 2010, 12:42, Reply)

However, if the enquires are related to a crime you may or may not have committed
it's still going to end up as your defence. Anyway, off the point. Vipros's safe example up there is the best direct comparison. The bloke's a) guilty and b) a tit, to boot, if he's doing it to make a point.

and with that ... lunch.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 6 Oct 2010, 12:46, Reply)