ELI5: The police caution after being arrested in England “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Admissions by silence can also happen in America.

"The non-denial of a statement made in the presence of the party charged which tends to establish his liability may amount to an admission of its truth, if, as it appears in this case, the statement was heard and understood by the party and he had knowledge of the facts stated; was not physically disabled from answering; had a motive for denying it and would naturally do so if he does not intend to admit it, and was at liberty to make a reply... [T]his silence [is] admissible evidence from which an admission of its truth may be inferred, the inference to be drawn being left to the jury."

Ollert v. Ziebell, citing Com. v. Kenney, 12 Metc. 235; State v. Laudase, 86 N. J. L. 230; and Wigmore on Evidence, Section 1071.

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