INFERENCES FROM SILENCE AND EUROPEAN HUMAN-RIGHTS LAW

In Murray v. United Kingdom (1996) the European Court of Human Rights considered the validity of rules allowing a trial court to draw advers e inferences from an accused's silence during interrogation and at tri al. This article reviews that decision, argues that the court was far from endorsing the relevant Northern ireland legislation and considers the longer-term implications of the decision in relation to sections 34-38 of the Criminal Justice and Public Order Act 1994.