ADDICTS FIGHT CURB ON RIGHT TO SILENCE

Are Your Rights At Risk?

Curbs on suspects' right of silence in the police station were
challenged yesterday at the European court of human rights in Strasbourg.

The 1994 criminal justice and public order act allowed juries to draw
"adverse inferences" if defendants refused to answer police questions.
William and Karen Condron, who were jailed in 1995 for supplying
heroin and lost their appeal, claim they were denied a fair trial in
breach of the European convention on human rights.

Ben Emmerson, their counsel, told the Strasbourg judges that it was
"fundamentally unfair" and seriously undermined the right to legal
advice if juries could draw adverse inferences even though a suspect
had refused to answer questions on a solicitor's advice. He believed
they were unfit to be interviewed.

The couple, from south London, who are heroin addicts, were seen by
police to pass packets to a neighbour. Police found heroin in their
flat. Mr Emmerson said adverse inferences should not have been
permitted because they were suffering withdrawal symptoms during the
interview.