A judge is not entitled in any circumstances to suggest to a jury, when a man refuses to answer any questions after having been cautioned, that, if he were innocent, it is likely that he would have answered the questions.
Citations:
(1959) 43 Cr App R 215
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Sullivan CACD 1966
The defendant had refused to answer any questions at his trial. The court asked what significance could be atached to his exercise of this right if he was innocent.
Held: Authority showed in many cases that a court must not draw adverse . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 13 May 2022; Ref: scu.192240