§ Mr. SavidgeTo ask the Attorney-General what approach prosecutors take to reliance on inferences which may be drawn from silence during police questioning at a time when the suspect is denied access to legal advice, having regard to the judgment of the European Court of Human Rights in John Murrayv United Kingdom. [62217]
The Attorney-GeneralThe Government 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, to ensure that the domestic law which was at issue in Murrayv United Kingdom is fully compatible with our obligations under the European Convention on Human Rights. As an interim measure, I have today promulgated to prosecuting authorities guidance about the handling of cases where the evidence available to the prosecution would include such inferences as might be drawn from the accused's silence in the circumstances covered by Sections 34, 36 and 37 of the Criminal Justice and Public Order Act 1994 (and corresponding provisions in Northern Ireland) when the suspect has been denied access to legal advice at the time of questioning.
A copy of the guidance has been placed in the Libraries of both Houses. Its effect is that the prosecution should not seek to rely on inferences drawn from silence before access to legal advice had been granted. In the event that a court, of its own volition, indicates an intention to draw any such inferences, its attention would be drawn to the judgment in the John Murray case.