Silence in Court: From Common Sense to Common Law: Azzopardi

Abstract

The decision of the High Court of Australia in Azzopardi re-asserts the role of the common law in determining what inferences may be drawn from silence in court. It is argued that the current approach of UK courts to this issue breaches the right to a fair trial under the ECHR and that the Australian decision provides a guide to the development of the law in the UK and elsewhere.