Criminal Law
Right to Silence
The right to silence means you are not obliged to say anything to police after arrest that might incriminate you. It is a core protection in Section 35 of the Constitution.
Legal Definition
Section 35(1)(b) gives every arrested person the right to remain silent. Section 35(3)(h) gives an accused the right not to be compelled to give self-incriminating evidence at trial. Silence cannot be used as evidence of guilt.
📖 Constitutional / Statutory Basis: Section 35(1)(b) and 35(3)(h), Constitution of the Republic of South Africa, 1996
Practical Example
After arrest, police read you your rights. You say "I am exercising my right to remain silent." They cannot compel you to answer questions or use your silence to infer guilt.
Frequently Asked Questions
Must police inform me of my right to silence?
Yes. Section 35(2)(b) requires the arresting officer to inform you promptly of your right to remain silent and the consequences of waiving it.
Does the right to silence apply at trial?
Yes. You cannot be compelled to testify. If you do not testify, the prosecutor cannot comment on this as evidence of guilt.
Does silence mean I am guilty?
No. The Constitution expressly protects your right to silence. No adverse inference can legally be drawn from your exercise of this right.
Related Terms
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