Editing Right to silence (section)

====Northern Ireland====
The Criminal Evidence (Northern Ireland) Order 1988<ref name="NI1988Order" /> provided for adverse inferences being drawn for failure to mention something prior to being charged to an offence.  The Criminal Procedure (Amendment) Rules 2009/2087 which came into effect on 5 October 2009, and replaced the Criminal Procedure Rules 2005, Pt 24 provides for post-charge questioning.  This can be applied for failure to mention facts after a suspect has been charged with an offence.

The scope of emergency legislation in Northern Ireland includes limitations on the right to silence, extended police detention powers and limitations on a suspect's right to legal counsel at time of arrest which can all impact upon a suspect's [[right to a fair trial]]. In ''[[John Murray v United Kingdom]]'', the [[European Court of Human Rights|ECHR]] declared that the fair trial guarantee encompassed the entire legal process from the moment of arrest through to conviction. The ECHR addressed this issue in a limited context in ''Murray v UK'' (1996);
"To deny access to a lawyer for the first 48 hours of police questioning, in a situation where the rights of the defense may well be irretrievably prejudiced, is – whatever the justification for such denial – incompatible with the rights of the accused under [[Article 6 of the European Convention on Human Rights|Article 6]]."