england-and-wales never-talk-to-police
Even when English law lets suspects to remain silent, when ought Suspect choose to talk to the police without a lawyer?
<p>Presuppose that at the time of stating something to the police, no lawyer represents Suspect, and English law lets suspects exercise the qualified right to silence. <a href="https://law.stackexchange.com/a/75315">Unlike in USA</a>, in England,</p>
<blockquote>
<p><a href="https://yjlc.uk/resources/legal-terms-z/adverse-inferences" rel="nofollow noreferrer">Where a defendant fails to mention any fact when questioned under caution, that they later relies on in their defence in those proceedings, a court or a jury can draw an adverse inference when deciding upon the guilt of the defendant.</a></p>
</blockquote>
<p>No space here to quote Reeds Solicitors LLP's whole article on <em>Adverse Inferences and Remaining Silent</em>!</p>
<blockquote>
<p><a href="https://www.reeds.co.uk/insight/legal-guidance-adverse-inferences" rel="nofollow noreferrer">Many of us know about the ‘right to remain silent’ when speaking with the authorities. Though in some circumstances, remaining silent can have a negative impact on your case. This is where your silence can lead the court to draw an ‘adverse inference’ (i.e. a negative conclusion or understanding of the person’s position).</a></p>
</blockquote>
<h4>1. To <a href="https://en.wikipedia.org/wiki/Anti-proverb" rel="nofollow noreferrer">anti-proverb</a> <a href="https://www.georgiacriminallawyer.com/never-speak-to-the-police" rel="nofollow noreferrer">SCOTUS Justice Robert Jackson's proverb in <em>Watts v. Indiana</em> 338 U.S. 49 (1949)</a>, when would a lawyer worth his salt tell Suspect in certain terms to state something to the police?</h4>
<h3>2. For instance, to avoid adverse inferences?</h3>
<p>Stating basic biographical facts, like your name + date of birth, to the police appears hurtless?  By way of comparison,</p>
<blockquote>
<p><a href="https://www.ohchr.org/en/instruments-mechanisms/instruments/geneva-convention-relative-treatment-prisoners-war" rel="nofollow noreferrer">Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.</a></p>
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<h2>3. As Article 17 of the Geneva Convention require PoW's to state their names + date of birth, then how can stating these to police harm Suspect? If even names + date of birth ought be kept silent, then Article 17 of the Geneva Convention would not require their disclosure!</h2>
<p>There is a logical contradiction between prisoners' being &quot;bound to give only his&quot; names + date of birth to  an enemy, but not suspects to police.  Even if suspect doesn't state them, the police can suss out these two basic biographical facts themselves.</p>
<p>Obviously, I am NOT referring to circumstances when English law requires suspects to speak to police, like</p>
<ul>
<li><p><a href="https://law.stackexchange.com/a/56142">&quot;give the officer or servant his name and address&quot; in section 5(1) of the Regulation of Railways Act 1889</a>, or</p>
</li>
<li><p><a href="https://law.stackexchange.com/a/80">&quot;produce his licence for examination, so as to enable the constable or vehicle examiner to ascertain the name and address of the holder of the licence, the date of issue, and the authority by which it was issued&quot; in section (1)(d) of the Road Traffic Act 1988.</a></p>
</li>
</ul>

<h2>When the individual makes the assessment that being silent will be more damaging than speaking</h2>
<p>This depends on so many circumstances that it is impossible to state more than that.</p>

<p>Only to say they will not be speaking to the cops without their lawyer.  At this stage, any statements you make can only be used to hurt your case, so it's best to shut up and lawyer up.</p>
