On 18 Sep 2003 01:14:56 -0700, buffy500.nospam@ntlworld.com (Dave
Babb) wrote:

>Have you not heard, the courts consider 'no comment' to be pretty bad
>practice, (I can't remember the exact phrase, but I think that the
>caution or something deos explain "you have the right to silence, but
>expect the court to infer something from it", or words to that effect.

"You do not have to say anything, but anything you do say will be
taken down and may be used in evidence.  It may harm your defence if
you fail to mention when questioned something that you later rely on
in court."

The "when questioned" in the caution refers to a *formal taped
interview* which will happen only if you are arrested.  No damage can
be done to a defence if you refuse to answer informal questions at the
roadside, but such failure may lead to you being arrested and
questioned more formally if such failure increases suspicion that you
may have committed an offence.  If you think that you are being
questioned as a *suspect*, then if you have a *straighforward and
simple* explanation that will remove suspicion, it makes sense to give
it.

When in any doubt, best to keep quiet until the formal interview (if
it happens).  You have the right (for the moment at least) to have a
free solicitor to advise you prior and during that interview.

>It just gives the impression of someone caught in the act you can't
>even be bothered to make a decent excuse.

It would be *very* foolish to "make an excuse" rather than tell the
truth or keep quiet.  Any untruth that is told in order to provide an
excuse could be discovered, which is far more suspicious than mere
silence.

> If you have a reasonable
>explanation for whatever is being put to you, then why not tell it.
>Saying no comment just says "Oooh I'm stuck ask me something simpler"

What if you *don't* have any reasonable explanation, or if you don't
want to reveal what that explanation is?  This may be due to things
other than the reason that you were breaking the law.  You may be
doing something perfectly legal that you would prefer your
wife/girlfriend/boss not to know about.  You may not want to mention
friends or relatives because you don't want them to be subjected to
police interference.  You may be very uncertain as to what the police
suspect, and do not want to say anything, even if true and innocent
that may increase suspicion of what the police think is going on.  You
may have been doing something unusual for frivolous reasons that have
no logical or believable explanation - acting out a harmless fantasy
or daydream perhaps.  Indulging in mildly compulsive behaviour (such
as walking so as to avoid the cracks in the pavement).

I will ask you a few questions: (1) How much money do you have in your
bank account(s) right now?  (2) How much did you earn last year?  (3)
How often on average do you have sex, and who with?

If you refuse to answer any of those questions, are we to infer that
there is something suspicious about you, and that perhaps you deserve
a "good kicking"?

-- 
Cynic