Accused Not giving evidence

J

joey54

Registered User
Messages
53
Under which act is it stated that the accused in a case does not have to give evidence.

Been trying to find th act for ages but have had no luck!
 
You have to look at it from the other way around.

There is no law compelling the accussed to give evidence, so they dont have to.
 
csirl said:
You have to look at it from the other way around.

There is no law compelling the accussed to give evidence, so they dont have to.
Click to expand...

That makes sense! Thank you so much. I've been searching through so many different acts trying to find it!
 
Interesting csirl.

If you look at it another way.....

I thought anyone can be suppeonaed to give evidence in a court.

I am curious now to know what are the legal rights of anyone subpeonaed
to give evidence. Can you refuse to answer questions ?

Does the accused have any different legal rights than a witness ?
 
I think the idea behind it is that because the state is so powerful and has so many resources to turn to it is considered unfair to make a person testify in their own case. e.g The state should be able to convict you without having to rely on you tripping up on your own testimony!
 
Think about the following phrase -

"...you have the right to remain silent...."

Same idea. You are not obliged to give evidence against yourself in court.
 
It's the 5th amendment....

oh...wait...

Same principle though, right not to self-incriminate.
 
5th Amendment applies in U.S. Courts and refers to the U.S. Constitution.
Under Irish Law he who asserts must prove. There is no onus on an accused to give evdience in a prosecution against himself.
Its not a law as such but a legal principle.
 
Was there something recently about the inference of guilt if a suspect chose to maintain silence during his/her questioning?
 
You must log in or register to reply here.
Menu
Log in
Register