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05 May 2021 / Nicholas Dobson
Issue: 7931 / Categories: Features , Covid-19 , Public
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COVID-19 & the right to silence

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Amid the proliferation of COVID-related powers around the country, what of the long-standing common law right to silence? Nicholas Dobson reports
  • An appellant was under no obligation at common law to give his name and address to a police officer to enable issue of a fixed penalty notice under the Coronavirus Regulations.
  • Since there was also no such express requirement in those regulations, neither was the appellant under a statutory obligation to give his name and address to the police officer. His refusal was therefore not ‘wilful’ under section 89(2) of the Police Act 1996.

Words preceding many of my less pleasant memories were: ‘It’s for your own good!’ The tyranny of benignly malign intention! New Zealand author, Janet Frame, struck a similar note in 1961 when she wrote that: ‘For your own good is a persuasive argument that will eventually make a man agree to his own destruction’. And writer and scholar CS Lewis argued that: ‘Of all tyrannies, a tyranny sincerely exercised for the good

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
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