Curly's Corner Shop, the blog!

South Shields premier political blog

The right to remain silent

with 5 comments

This needs protection (just in case the police state gets bigger and more efficient)

So you are having a bad time with some anti social criminal types who are ruining your neighbourhood, now and then things get so bad that you have to telephone the police, you may have been a victim who suffered some criminal damage, you may have been assaulted, or you may just have been doing your civil duty like this lady and this gentleman. You end up, as a result facing the threat of arrest, charges, trial, and possibly prison!

You read so many stories like these nowadays and sometimes they dent your faith in the forces of law and order, and stories like this don’t help either! (When journalists are investigated for investigating the police, it’s a bad sign.) Going back to the incident with the broken car window and the anti social behaviour from a neighbour, I’ve been invited to fill in a questionnaire for South Tyneside Council’s Anti-Social Behaviour Unit about their performance and help at the time. I don’t think I’ll bother, I doubt they will find the time to read it, I’m still waiting to meet my neighbourhood policing team (just one of a series of failed commitments.)

Anyway, back to the subject matter, talking to the police. If you are reporting a crime or asking for assistance, or helping by way of being a witness, then you might get lucky and feel satisfied with the results, or on the other hand if you try to be just that little bit more helpful you may get unlucky as the stories above illustrate. Most policemen and women who I have met in and around South Shields are thoroughly decent people, nice, courteous, helpful, and would make great drinking buddies. However, they operate in a confused and difficult environment subject to far too many KPI’s and targets and now and then the temptation must be there to tick a few more boxes, make that arrest, press a charge etc. (but only when there is sufficient time to deal with the mounting paperwork during the same shift.)

And here comes the rub, at time such as these, when you are the subject of the inquiry (instead of the real bad guys) then you need to “shut your mouth”, remain silent! In this country we have the right to remain silent, and remember anything that you say may be written down and used as evidence against you. Just remember this in case some apparatchik in NuLabour’s ranks decides to take this right away too!

Here’s a great video of a US Law Professor and a policeman lecturing on the Fifth Amendment and the right to remain silent, it’s around 45 minutes long but worth sticking with, and at times very entertaining. OK. so we don’t have a written constitution in the UK, our laws and statutes have evolved over centuries, and nowadays many of the rights that we have are written down in EU Conventions that supercede British Law, but we still have the right NOT to incriminate ourselves.

Enjoy this video.

Hat Tip – Cllr. Philip Thomas

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Written by curly

August 12, 2008 at 10:58 am

5 Responses

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  1. [...] Original post by curly [...]

    Curly’s Corner Shop

    August 12, 2008 at 11:23 am

  2. The majority of people reading the above will shake their head in disbelief and that’s as far as it will go.
    By continuing to vote for either New Labour, Conservative or Lib Dem they are sending out a message to the politicians that they are prepared to accept the continued erosion of our civil liberties and their acceptance of the Political Correctness culture that is imposed on us more and more.
    I personally am a member of the BNP as I believe that they are the only party that have the courage to put right the wrongs that have been imposed on us by successive governments. Their manifesto mentions zero tolerance to crime, protecting the victims of crime and not the perpetrators as happens now.

    Jarrow Pete

    August 12, 2008 at 5:30 pm

  3. Pete,
    Labour have already talked about removing the right to silence during Blair’s years at No. 10. It’s probably the most important and effective of defences as it forces the prosecution to prove guilt beyond reasonable doubt, without any help from the defendant.
    Granted, it makes the job harder for the police and the CPS, and puts pressure on them to perform to the utmost of their ability in the prosecution of the Law, but if the accused is presumed innocent until proven guilty then their successes will be more welcomed than ever.

    curly

    August 12, 2008 at 8:44 pm

  4. [...] recently posted on protecting the right to remain silent, and the sometimes unforeseen consequences of failing to do so. Here’s another interesting [...]

  5. [...] recently posted on protecting the right to remain silent, and the sometimes unforeseen consequences of failing to do so. Here’s another interesting [...]

    Curly’s Corner Shop

    August 18, 2008 at 11:41 am


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