ABSTRACT
Mr John Murray was arrested by police officers at 5.40 pm on 7 January 1990 under the Prevention of Terrorism (Temporary Provisions) Act 1989. He was cautioned by the police but said that he had nothing to say. His request for access to a solicitor was delayed for a period of 48 hours from the time of detention on the basis that the detective superintendent had reasonable grounds to believe that access would, inter alia, interfere with the gathering of information about the commission of acts of terrorism or make it more difficult to prevent an act of terrorism. On 7 January a police constable cautioned the applicant pursuant to Article 6 of the Criminal Evidence (Northern Ireland) Order 1988, inter alia, requesting him to account for his presence at the house where he was arrested. He was warned that if he failed or refused to do so, a court, judge or jury might draw such inference from his failure or refusal as appeared proper. He refused to say anything. He was able to see his solicitor for the first time at 6.33 pm on 9 January. In subsequent interviews he stated that he had been advised by his solicitor not to answer any questions. His solicitor was not permitted to be present at any of these interviews. In May 1991 the applicant was tried by a single judge, the Lord Chief Justice of Northern Ireland, sitting without a jury, for the offences of conspiracy to murder, the unlawful imprisonment, with seven other people, of a certain Mr L, a police informer, and of belonging to a proscribed organisation, the Provisional Irish Republican Army (IRA). Acting on the advice of his solicitor and counsel, the applicant chose not to give any evidence. The trial judge drew adverse inferences against the applicant under both Articles 4 and 6 of the Order. On 8 May 1991 he was found guilty of the offence of aiding and abetting the unlawful imprisonment of Mr L and sentenced to eight years’ imprisonment. He was acquitted on the remaining charges. The applicant’s appeal against conviction and sentence was dismissed by the Court of Appeal in Northern Ireland on 7 July 1992. He complained that he was deprived of the right to silence in the criminal proceedings against him and of his lack of access to a solicitor during his detention and the fact that the practice concerning access to solicitors differed between Northern Ireland and England and Wales. Comm found by majority (15-2) NV 6(1) and 6(2), (13-4) V 6(1)+6(3)(c), (14-3) not necessary to examine 14+6.
