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Home > Law > Law glossary > Law glossary
ambush defence
Last modified: Thu Feb 23 16:37:37 2006
A cynical exploitation of the RightToSilence. The accused
exercises the right to silence by offering no defence until the very
end of the case. He then repudiates the right to silence and offers
a defence at the last possible moment, in the hope that the prosecution
will not have time to rebut it. Such a tactic was practical until recently,
because it was impossible for the prosecution to comment adversely on
the accused's failure to offer a defence; it was particularly favoured
in drink-driving cases.
The CriminalJusticeAndPublicOrderAct1994 has probably
put a stop to it.
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