Practice and Procedure

R v DAHA ESSA (2009)

PUBLISHED January 14, 2009

[2009] EWCA Crim 43

The right to silence was part of the right to a fair trial, as was, even more importantly but distinctly, the right not to incriminate oneself. Whilst the Criminal Procedure and Investigations Act 1996 s.11(5) entitled comment by the Crown on the absence of a defence statement, the use which could be made of it was subject to judicial control and there was no doubt that s.11(5) was perfectly compatible with the European Convention on Human Rights 1950 art.6.

CA (Crim Div) (Hughes LJ, Wilkie J, Sir Geoffrey Grigson)