Adverse inference – no direct questions
Appeal from conviction – wrongful use of section 34 of 1994 Act after no comment interview. The defendant argued that no actual questions had been asked.
Held: The appeal failed: ‘in order for the section to operate it is necessary that the defendant is being questioned under caution and fails to mention a fact later relied upon. The defendant is questioned under caution, in our judgment, if the circumstances are such that he is expressly or by necessary implication invited to give his account of the matter which has given rise to the interview. It is not necessary that specific questions are asked of him.’
[2019] EWCA Crim 411
Bailii
Criminal Justice and Public Order Act 1994 34
England and Wales
Criminal Practice
Updated: 10 November 2021; Ref: scu.635274