Silence in interview: psychiatry and the Argent conditions

• Published in: Journal of clinical forensic medicine Vol. 5; no. 4; pp. 199 - 204
• Main Author: Rix, Keith J.B
• Format: Journal Article
• Language: English
• Published: Scotland Elsevier Ltd 01-12-1998
• ISSN: 1353-1131; 1532-2009
• DOI: 10.1016/S1353-1131(98)90135-3

A man charged with serious sexual offences was advised by his solicitor not to answer the questions which were put to him during the police interview and in the absence of an appropriate adult whose assistance he had declined. At his trial, counsel for the prosecution wanted the jury to be allowed to draw an adverse inference from his silence. Psychiatric evidence was admitted to the effect that he had a paranoid personality disorder. On the basis of the ruling in
R v. Argent 1997, in which grounds were set out for not allowing a jury to draw an adverse inference, it was submitted that the jury should not be allowed to draw an adverse influence. These grounds include mental capacity, state of of health, tiredness and personality. The trial judge accepted the submission.