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Condron v. The United Kingdom

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While the right to silence cannot be considered an absolute right, given that the right to silence lay at the heart of the notion of a fair procedure, particular caution was required before a domestic court could invoke an accused's silence against him. A British jury should have been directed that if it was satisfied that the applicants' silence at a police interview could not sensibly be attributed to their having no answer or none that would stand up to cross-examination it should not draw an adverse inference.

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