John Murray (Hansard, 1 December 1998)

§ Mr. Straw

In the case of John Murray v. the United Kingdom, the European Court of Human Rights held that it was a breach of Article 6 of the Convention to deny the applicant access to legal advice in circumstances where inferences could be drawn from his silence during questioning. The Government have concluded that the only sure way to prevent a repetition of the circumstances which prevailed in the Murray case is to amend the relevant legislation and the Codes of Practice made under the Police and Criminal Evidence Act 1984, the Police 131W and Criminal Evidence (Northern Ireland) Order 1989 and the Northern Ireland (Emergency Provisions) Act 1996, so as to prohibit the drawing of inferences from silence when a suspect is questioned at a police station while denied access to legal advice. The Government therefore intend to introduce the necessary legislation in the forthcoming Youth Justice and Criminal Evidence Bill, and this legislation will be extended to Northern Ireland by way of Negative Resolution Order in Council.

In the interim, the Government will take such steps that are possible, without legislation, to ensure that no one is put in the same position which arose in the Murray case. My right hon. and learned Friend the Attorney-General will shortly be issuing guidance to prosecutors and, in parallel, my Department and the Northern Ireland Office will shortly be issuing a circular to the police. This guidance will seek to ensure that the usual practice will be for suspects to have access to legal advice before being interviewed at a police station. Where access to legal advice is denied, the police will be encouraged to put inference-bearing questions again after the suspect has been given the opportunity to obtain such advice. Additionally, prosecutors will be advised not to seek reliance on inferences drawn from silence before access to legal advice was granted. I am arranging for a copy of the guidance to the police to be placed in the Library.