What is Implied Consent in UK law?

The notion of implied consent in UK law is a rather complex one. Several different situations – some criminal and some not – involve implied consent. If you are facing criminal charges, especially those related to sexual offences, you might have heard that implied consent could be the determining issue in your case. Regardless of your reason for needing to understand implied consent laws in the UK, this article will provide you with an answer. We look at the broad concept of implied consent in UK law, as well as specific legal instances in which it becomes relevant.

What is the meaning of implied consent?

At a fundamental level, implied consent is an agreement that has not been made explicitly by words or actions.

In the UK legal system, it generally means a person has given permission for something without actually saying so. For example, you may give implied consent if you do not actively object to certain activity when in the presence of another person. This scenario is often raised in the context of sexual activities, where some defendants try to argue that consent has been given if the sexual acts were not objected to.

The three most common contexts in which the notion of implied consent comes up in UK law are:

• the defence of sexual criminal allegations at trial
• the administration of emergency medical treatment, and
• the protection of data confidentiality.

The bulk of this article will focus on implied consent in the context of sexual offences, as this is undoubtedly the most contentious area in the use of the implied consent principle in UK law. Before we do that, however, we want to outline the notion of implied consent in relation to emergency medical treatment and data confidentiality in case those situations apply to you.

Implied consent in the context of emergency medical treatment

Implied consent is very important when it comes to medical treatments, typically emergency ones. Usually, a person must explicitly give their permission to medical staff before they receive any type of medical treatment or examination (by signing a consent form at the hospital, for example). Implied consent, however, exists to cover those situations where a person is likely to want medical assistance, but cannot explicitly give their consent to it.

In a car accident, for example, a patient might not be able to explicitly agree to receiving medical treatment to save their life, but the absence of anything telling emergency personnel and doctors not to treat them (such as a ‘do not resuscitate’ medical bracelet) could be seen as implicit agreement to receive medical care or treatment.

In other words, even though no verbal agreement has been made, implied consent in the medical context allows emergency workers and doctors to act in the best interests of the patient.

Implied consent in the context of data confidentiality

Implied consent is also relevant in the context of data confidentiality. Under UK law, organisations are not allowed to share personal data with other organisations without explicit consent from the person whose data it is.

However, there are certain circumstances in which implied consent can be given. Basically, if someone does not explicitly tell an organisation that they do not want their data shared, then this could be seen as implied permission and thus the organisation is allowed to share the data with a third party.

Since the coming into force of the General Data Protection Regulation (GDPR) in the European Union, data privacy has become a more hotly-debated matter and it is questionable whether implied consent has a role to play in data privacy management in future.

Implied consent in criminal proceedings

In criminal proceedings in the UK, implied consent assumes a much different definition. In this context, it is not so much about what someone has said or done, but rather what they have failed to do (i.e., if they have failed to withhold their permission for an action that had occurred without their full knowledge or understanding).

This can be particularly relevant in cases of sexual assault or, more seriously, rape. If an alleged victim has not said yes or no to the sexual activity, or was unable to explicitly say yes or no (due to being too drunk after a night out, for example), the alleged perpetrator could try to use implied consent as a defence against criminal charges.

It also used to be the case that implied consent precluded charging a husband with the rape of his wife. This is because it was widely agreed that being married to someone implies consent to have sex with them. This notion is now rejected in English courts.

What is an example of implied consent?

An example of implied consent would be if someone was in a situation where they did not actually speak or act in a way that could be seen as giving permission, but where permission was nonetheless understood to exist from their lack of protest, denial, refusal, and so on. The alleged perpetrator would essentially claim that by not explicitly objecting, the alleged victim had effectively given their consent to what was happening.

In this respect, implied consent is presumed from the person:

• not explicitly saying anything about what was going on
• not objecting to what was happening or what was about to happen
• not leaving the room or vicinity if they had the opportunity to do so
• not asking clarifying questions about the situation to fully understand the circumstances or consequences of what was happening
• not asking for help from other people at the scene if they felt threatened or did not understand what was happening

What is the difference between informed consent and implied consent?

Informed consent and implied consent sound similar, but there are some important distinctions to be made.

Informed consent is when a person has been given all relevant information about the activity in question, including potential risks, and then still agrees to go ahead with the activity. Implied consent, on the other hand, is when permission is assumed without an explicit or formal agreement being made. It can also be seen as a failure to say no (for example, if a person does not object or leave the premises when an activity starts).

In the UK, informed consent is seen as a more valid form of agreement than implied consent, and it is critical to understand the difference between the two in order to ensure that all parties involved in any kind of agreement or transaction are fully aware of what they are consenting to. It is also important to understand when implied consent can and cannot be assumed in any situation, as this will help to protect both you and the other people involved in any situations where consent could be misunderstood.

What is express consent?

Express consent is when a person explicitly communicates their agreement to something, either through spoken or written words. This could be in the form of a signed document, an email, a verbal statement, or any other kind of communication where there is no ambiguity about what has been agreed upon. In comparison to implied consent, express consent is seen as much more valid.

What is an example of express consent?

An example of express consent would be if a person was signing an agreement to join a gym and checked a box to agree to the terms and conditions. By signing the document, they are explicitly stating that they understand all of the terms involved and are willingly giving their permission for the activity or transaction in question.

In relation to potential sexual offences, express consent is received when a person freely gives their consent to the sexual activity. To be given freely, the person must be mentally capable of giving consent, as well as being of legal age to consent (16 years old in the UK).

Why is implied consent important?

Implied consent is important because it is essential to ensure that all parties involved in a transaction have fully understood what they are agreeing to.

Arguments around implied consent can also have serious implications for both defendants and victims in a criminal process.

Where to get more help in understanding implied consent in UK law?

Implied consent is a critical concept in UK law, yet it can be confusing for people to understand. This is why it is so vital to take the time to learn about all aspects of implied consent if you are facing a charge that has implied consent as a lynchpin element of the offence. If you have any questions about implied consent or need help understanding how it works in practice, reach out to a qualified and experienced solicitor who can guide you through the criminal process and help protect your rights. Get in touch with the team at Stuart Miller Solicitors today for a free, no obligation consultation.

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Gosling

16:48 16 Jan 25

i had rob on my case, he was very professional and dealt with my case brilliant! i got a suspended thanks to him. would highly recommend him. dylan

Md masum Hassan

13:29 16 Jan 25

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12:22 13 Jan 25

I reached out to Stuart Miller Solicitors, and Abu Kibla dealt with my case. He was exceptional. He quickly identified flaws in the prosecution’s argument. His dedication ultimately led to the charges being dismissed. I’m so grateful for his expertise and for the way he treated my case with such care and professionalism.

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md:Sabbir Hossen sakib

11:29 07 Jan 25

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15:34 03 Jan 25

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12:25 11 Dec 24

One of the things I’ve appreciated most is their exceptional communication. In fact, they take the time to explain the difficult legal points in a way that I could understand, despite their technicalities, thus I was never in the dark about what was going on. This was even more beneficial when dealing with complex transactions, which required a high level of clearness. Their commitment to updating me on every step along the way of the lawsuit indeed brought some peace of mind.

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I have had the pleasure of working with Stuart Miller Solicitors on several occasions over the years, and each experience has been outstanding. Their team is made up of highly skilled and experienced criminal justice attorneys who have a deep understanding of the law. A big differentiating factor is their degree of handiness in dealing with such pressing cases, thus, readily offering direction even when the issues are hard to crack.

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Godson Success Benjamin

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These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

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11:53 28 Oct 24

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N A

14:13 14 Aug 24

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19:53 11 Aug 24

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I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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18:52 11 Jun 24

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06:44 29 May 24

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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23:16 24 Apr 24

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20:24 06 Mar 24

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

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10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

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20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

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22:14 20 Jan 24

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

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asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

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05:40 27 Nov 23

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MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

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06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

Fabian Jones

18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Rules

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Berivan Murat

14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

kevin Lutchmiah

12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

Shabbir Ahmad Safi

12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

Aishah M

19:36 29 Sep 23

Amazing service, called for advice and they did not disappoint at all, would highly recommend using them

XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

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