header-logo header-logo

05 May 2021 / Nicholas Dobson
Issue: 7931 / Categories: Features , Covid-19 , Public
printer mail-detail

COVID-19 & the right to silence

48117
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll