Abolition of Right of Silence Delights Police, Appalls Critics By MAUREEN JOHNSON Associated Press Writer LONDON (AP) _ As the police see it, the government's plan to abolish the right of silence is a break they deserve. ``We're not asking anyone to confess,'' said Dick Coyles, head of Britain's 130,000-member Police Federation. ``We're just asking them to tell us, for example, `The reason my house is full of stolen goods is that this man asked me to look after them.' ``We want people to put forward their defenses at the time ... instead of when they've had time to concoct one.'' To lawyers and civil rights groups, the bill due to come before Parliament soon violates a basic tenet of British justice: A suspect is innocent until proven guilty. The principle dates to the 17th century, when Parliament abolished the infamous Court of the Star Chamber. The Conservative government's Criminal Justice Bill does not force anyone to talk. But judges and juries could conclude that a suspect who refused to answer police questions has something to hide. In some cases, silence would become part of the prosecution evidence pointing toward guilt. Civil libertarians are campaigning to save what they see as a historic right _ the model for the U.S. Constitution's Fifth Amendment which protects Americans from self-incrimination. The legislation is part of Conservative government efforts to stem rising crime. It has pitted Prime Minister John Major's administration against some judges, though others support him. Major has only a 17-seat majority in the 651-member Commons, and the bill's fate is uncertain. But the issue will mean another bruising battle for a government already in trouble over squeezes in welfare spending. Major is going against the advice of a Royal Commission he appointed two years ago to study the criminal justice system. It concluded that the right of silence was a valuable safeguard against miscarriages of justice. Critics argue that removing it will increase the risk of bullying and oppressive police interrogations and tempt police to rely too heavily on confessions instead of getting independent evidence. The government sounds determined, however, and the move is widely supported by the party's rank and file. To prolonged applause, Home Secretary Michael Howard announced the policy at the party's annual conference this fall, saying terrorists were exploiting the right of silence. The change would apply to all suspects _ from careless drivers to murderers. Opponents say hardened criminals and terror suspects know the ropes and usually are convicted despite their silence. Those likely to be harassed into false confessions are confused and frightened suspects, often of low intelligence, says the civil rights group Liberty. Roger Ede, secretary of the Law Society, says the average IQ of suspects at police stations is 82, well below average. ``It is a basic principle of English law that suspects don't have to prove their innocence by having to explain their actions,'' Ede said. ``Why does the government end up doing the opposite of what they were advised to do? Because they perceive for political reasons it is what is required of them.'' Liberty began a leaflet campaign to get voters to lobby members of Parliament. Rising crime _ a 120 percent rise in reported offenses since the Conservatives won power in 1979 _ is a particular embarrassment for a party that gave the police big pay raises, built new prisons and made law and order a centerpiece of its election platforms. The right of silence developed in protest against the oppressive operation by the Star Chamber Court under the Tudor and early Stuart kings. In a landmark case in 1637, John Lilburn, accused of printing seditious books, refused to answer questions. Parliament later compensated him and the Star Chamber was abolished in 1641. The right of silence became part of English law in 1848. -- Stanton McCandlish mech@eff.org 1:109/1103 EFF Online Activist & SysOp O P E N P L A T F O R M C R Y P T O P O L I C Y O N L I N E R I G H T S N E T W O R K I N G V I R T U A L C U L T U R E I N F O : M E M B E R S H I P @ E F F . O R G