Editing Right to silence (section)

====Scotland====
The right to silence in [[Scots law]] has been enshrined in statute by section 34 of the [[Criminal Justice (Scotland) Act 2016]]. Previously, the right to silence, as with much of [[Scots criminal law]], was held under common law.

The common law caution given by police to inform a person of their right to silence in Scotland is:
<blockquote>"You are not obliged to say anything but anything you do say will be noted down and may be used in evidence. Do you understand?"</blockquote>

The only exception to this rule is that a person must state, upon being required to do so, their name, address, date of birth, place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person's identity), and nationality. The requirement to give personal details also exists in Scots law under section 13 of the Criminal Procedure (Scotland) Act 1995, which provides that a person suspected to have committed, or suspected of having been witness to, an offence must provide the aforementioned details to a constable upon being required to do so. Failure to provide said details under section 13 is a criminal offence.

No [[adverse inference]] can be drawn by an accused person's silence when they are interviewed under caution.<ref name="ScotsLaw">{{cite web|last1=Lord Carloway|first1=Colin|title=Carloway Review|url=http://www.gov.scot/About/Review/CarlowayReview/CRconsInfFromSilence|website=Scottish Government|publisher=Carloway Review|access-date=15 March 2017|location=Adverse Inference|date=17 November 2011|quote=No adverse inference can be drawn at trial from a suspect's silence when questioned or charged by the police. Inferences from silence during police interview are prohibited, especially where a suspect has been cautioned. The terms of the caution deprive a failure to respond of any evidential value.}}</ref>