Friday, 30 May 2014


A  fundamental right we as citizens in a democracy have is the right to a fair trial. Following on from this is the right not to self incriminate and the right to silence.

The right to silence is a fundamental right which we inherited from the English common law system and which has constitutional status in this jurisdiction even though it is not explicitly stated in the Irish Constitution.  
The right to silence is also given protection under article 6 (1) of the European Convention on Human Rights.

However, it cannot be assumed that if an individual is arrested by the Gardai that the best advice for that person would be to stay silent. This is sometimes correct but not always. The right to silence has been  corroded  by  legislation. In particular, in certain circumstances, INFERENCES  may be drawn from a person’s silence .

Therefore, it is critical if a person is being questioned that he/she ask the garda√≠ to contact his/her solicitor as soon as ever possible so as advice may be obtained. 

For more information call us on (052) 6125350.

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