Privilege against Self Incrimination

Privilege against Self Incrimination Meaning

Self Incrimination

Under the law of England and Wales and Northern Ireland, a defendant has the right to remain silent during questioning and trial. The privilege against self-incrimination is a vital feature intended to guard against arbitrary arrests and prosecutions. It prohibits the prosecution from drawing adverse inferences from a defendant’s silence during trial or from using silence as evidence of guilt. Defendants have the right to remain silent and not answer any questions that may incriminate themselves, and the decision to remain silent cannot be used against them. However, this right does not apply in Scotland, where silence may be construed as an admission of guilt or evidence of dishonesty.

Article 6 of the European Convention on Human Rights

Article 6 of the European Convention on Human Rights (ECHR) is a fundamental principle of the European legal system. The principle of privilege against self-incrimination contained in Article 6 requires that no one shall be compelled to testify against oneself. This principle is essential for upholding the fairness of any legal process by ensuring that individuals are not forced to provide evidence against themselves. It also applies to any information or evidence that someone may have which might incriminate themselves. The right to remain silent and avoid self-incrimination is considered a human right, and therefore cannot be overlooked by any legal process. Additionally, the privilege against self-incrimination promotes the right to be free from arbitrary detention and wrongful conviction, safeguarding the principles of justice in democratic societies.

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