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When you say nothing at all: Invoking inferences from suspect silence in the police station

Daly, Yvonne Marie orcid logoORCID: 0000-0001-5654-665X, Dowd, Ciara and Muirhead, Aimée orcid logoORCID: 0000-0001-6781-2650 (2022) When you say nothing at all: Invoking inferences from suspect silence in the police station. The International Journal of Evidence & Proof, 26 (3). pp. 249-270. ISSN 1740-5572

Abstract
Drawing on qualitative research with criminal justice professionals, this article explores the practical operation of provisions allowing for inferences to be drawn from silence at the point of police questioning in Ireland. The article examines (1) pre-interview disclosure and the timing of the invocation of inferences within the detention period; (2) the manner in which suspects are informed about the possible consequences of any failure to answer questions or mention certain facts; and, (3) the value and impact of inferences at trial. Findings include the need to reconsider the late disclosure approach adopted to police interrogation in Ireland, while maintaining separate inference interviews; difficulties with the current ‘ordinary language’ examples used to explain inference provisions to suspects; and, a notable distinction between the use of inferences in particular courts in the Irish criminal process.
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:disclosure; inferences; police interrogation; privilege against self-incrimination; right to silence
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:SAGE Publications
Official URL:https://dx.doi.org/10.1177/13657127221104649
Copyright Information:© 2022 The Authors.
ID Code:27447
Deposited On:28 Jul 2022 11:24 by Thomas Murtagh . Last Modified 14 Mar 2023 15:57
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