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Right To Silence Right To Silence

Bronze medal Reporter Adv. Alex Posted 21 May 2019 Read More News and Blogs
Right To Silence

 

 

The right to silence is a lawful principle which ensures any person has the right to decline any questions from law enforcement officers or court authorities. It is a lawful right accepted, unequivocally or by convention, in numerous global legal systems.



 

The right covers various issues centered on the right of the accused or the defendant to refuse to remark or give an answer when questioned, either preceding to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to stay quiet when questioned. Warnings of a right to remain silence are granted in approximately 108 countries around the world.

 

The Constitution of South Africa requires that any arrested individual be familiar with their right to remain silent and the aftereffect of not remaining silent, their right to decide and consult with lawyers in South Africa, and their right to have a legal expert assigned to the detained person by the state and at state expense if significant injustice would otherwise result. The South African Police Service rules dictate that arrested individual be given a Form 14A "Notice of Rights in Terms of the Constitution" which describes these and other rights of arrested individual.

 

According to Section 35 of the South African Constitution of 1996;

35.(1) Everyone who is arrested for allegedly committing an offence has the right—

  1. to remain silent;
  2. to be informed promptly—
  1. of the right to remain silent; and
  2. of the consequences of not remaining silent;
  1. not to be compelled to make any confession or admission that could be used in evidence against that person;
  2. to be brought before a court as soon as reasonably possible, but not later than—
  1. 48 hours after the arrest; or
  2. the end of the first court day after the expiry of the 48           hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day;
  1. at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and
  2. to be released from detention if the interests of justice permit, subject to reasonable conditions.


Click on the image to read more about BILL OF RIGHTS:ARRESTED, DETAINED AND ACCUSED PERSONS

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