Adverse inferences and the right to silence: Re-examining the Singapore experience

Abstract

Two decades have passed since the Singapore Parliament legislated the recommendations of the Criminal Law Revision Committee in relation to an accused person's right to silence during the pre-trial and trial processes. Whilst the years following the enactment of the silence provisions did not witness much judicial reference to the provisions, developments in recent years appear to have significantly eroded the right to silence in Singapore. This article examines the judicial and sociological reasons why adverse inferences from silence are more readily drawn by Singapore courts today.