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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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