The Right to Silence and Police Interrogations

Silence was once the ultimate safeguard of the innocent. In modern policing, however, that silence can now be used against you.

The Criminal Justice and Public Order Act 1994 transformed a centuries-old right by allowing juries to draw ‘adverse inferences’ from a suspect’s decision not to speak.

This change marked a turning point in British criminal law. Where silence once protected against coercion and confusion, it can now create suspicion. Supporters argue that innocent people have nothing to hide and that genuine suspects should explain themselves. Yet the reality of police interrogations tells a different story.

Psychological research shows that stress, isolation, and fatigue can easily distort a suspect’s decision-making. People often stay silent not because they are guilty, but because they are scared or do not understand their rights. False confessions, once dismissed as rare, are now recognised as a serious cause of wrongful convictions.

The PACE Codes of Practice aim to regulate questioning, but the imbalance of power between officers and suspects remains significant.

The right to silence is not just a procedural rule; it is a test of fairness in the justice system. When silence becomes a weapon against the accused, the presumption of innocence begins to erode. True justice must protect the vulnerable as fiercely as it pursues the guilty. The right to silence should remain what it was meant to be: a shield, not a trap.