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Equivalent cautions are specified in Welsh. The 1994 Act, in addition to the amended codes of practice, was based on the 1972 Criminal Law Revision Committee report and the Criminal Evidence (Northern Ireland) Order 1988. It rejected the reports of the 1991 Royal Commission on Criminal Justice and the Working Group on the right to silence.
Portrait of English judge Sir Edward Coke. Neither the reasons nor the history behind the right to silence are entirely clear. The Latin brocard nemo tenetur se ipsum accusare ('no man is bound to accuse himself') became a rallying cry for religious and political dissidents who were prosecuted in the Star Chamber and High Commission of 16th-century England.
The UK does not have a single legal system because it was created by the political union of previously independent countries. Article 19 of the Treaty of Union, put into effect by the Acts of Union in 1707, created the Kingdom of Great Britain but guaranteed the continued existence of Scotland's and England's separate legal systems. [7]
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom.An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.
While there is no general right to free speech in the UK, [1] British citizens have a negative right to freedom of expression under the common law, [2] and since 1998, freedom of expression is guaranteed according to Article 10 of the European Convention on Human Rights, as applied in British law through the Human Rights Act. [3]
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
The Common Law in India 1961 T. B. Smith: British Justice: The Scottish Contribution 1962 R. E. Megarry: Lawyer and Litigant in England 1963 Baroness Wootton of Abinger: Crime and the Criminal Law: Reflections of a Magistrate and Social Scientist 1964 Erwin N. Griswold: Law and Lawyers in the United States: The Common Law Under Stress 1965 Lord ...