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Averill v. The United Kingdom

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The refusal to allow the applicant to consult a lawyer during the first twenty-four hours of his interrogation was incompatible with the rights guaranteed by Article 6. The concept of fairness enshrined in Article 6 required that the applicant should have had the benefit of the assistance of a lawyer at the initial stages of police interrogation. However, whether the drawing of adverse inferences from an accused's silence during interrogation infringes Article 6 is a matter to be determined in the light of all the circumstances of the case, having regard to the situations where inferences may be drawn, the weight attached to them by the national courts in their assessment of the evidence and the degree of compulsion inherent in the situation. The right cannot and should not prevent that an accused's silence, in situations which clearly call for an explanation from him, be taken into account in assessing the persuasiveness of the evidence adduced by the prosecution.

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