Question
In Murray, the ECtHR acknowledged the importance of the right to silence to a fair criminal process as protected through the ECHR, art 6, but it also accepted that the right is not absolute. A defendant’s silence could be taken into account where there was other strong evidence against him, as there was against Murray. Where the court did find for Murray was in its conclusion that the ECHR, art [...] had been violated because of the denial of access by Murray to legal advice for the first 48 hours he was detained and questioned by police in circumstances where adverse inferences could be drawn from his silence.