header-logo header-logo

30 June 2023 / Mary Young
Issue: 8031 / Categories: Features , Disclosure , Fraud , In Court
printer mail-detail

Silence is golden

128483
Holding your tongue? Mary Young considers when a party’s right to silence applies in civil proceedings
  • How and when the privilege against self-incrimination (the right to silence) applies in civil proceedings.

In English criminal law, a suspect has a long-recognised right to remain silent. The police caution specifically reminds a suspect that they do not have to say anything, but that it might harm their defence if they do not mention something which they later rely on in court.

In civil claims with criminal or quasi-criminal implications, the right to remain silent can also apply: a defendant has the right not to give evidence, and is also entitled to assert the privilege against self-incrimination to avoid circumstances in which they are compelled to contribute to their own prosecution.

The principle of the privilege against self-incrimination originated from the common law, later codified in s 14 of the Civil Evidence Act 1968. This sets out that in proceedings other than criminal proceedings, a person has the right to refuse to answer

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll