Claim: The right to silence in England and Wales, two of the four constituent countries of the United Kingdom, may cause for a guilty man to escape due to the privilege of silence in addition to the fact that a defendant does not have to prove his innocence.
Evidence: It was a clear example of the privilege of silence having enabled a guilty man to escape." However the rights were already well established by case law as was the necessity of no adverse comments, the principle being that the defendant does not have to prove his innocence – the burden of proof rests on the prosecution. The United Kingdom consists of four countries: England, Scotland, Wales and Northern Ireland.