In general, access to a lawyer should be guaranteed to a suspect before he is interviewed. The right of silence is not absolute. The caution which warns of possible adverse inferences is itself an indirect form of compulsion. However whether a breach occurred is a matter of fact in the circumstances. Because of the possibility of such inferences being drawn, it was necessary to give a suspect access to a solicitor before interview.
Citations:
Times 20-Jun-2000, 36408/97, [2000] ECHR 212
Links:
Human Rights, Criminal Practice
Updated: 18 May 2022; Ref: scu.78029
