ABSTRACT
It is a fundamental rule that the citizen is not obliged to answer police questions, unless there is lawful justification for official interference with the citizen’s liberty. The rule was endorsed in Rice v Connolly (1966). There, the appellant was questioned by the police. He refused to answer questions and was, accordingly, arrested for obstructing a police officer in the execution of his duty contrary to section 51(3) of the Police Act 1964.40 On appeal, Lord Parker CJ stated that a citizen has every right to refuse to answer questions; generally the citizen has a ‘right to silence’.
