A jury cannot convict solely on the basis of an inference, drawn under section 34, from the combination of an accused’s failure to give at interview, an explanation relied upon later at court. Additional evidence could be found not only from the prosecution case, but also from the defence. In a section 35 case however, the jury must only draw upon the prosecution case for such a basis.
Citations:
Times 07-Dec-1999, Gazette 08-Dec-1999
Statutes:
Criminal Justice and Public Order Act 1994 34 35
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Birchall CACD 20-Jan-1998
The judge had failed in his direction to remind the jury that they had to find a case to answer before drawing any adverse inference from the defendant’s silence at trial
Held: The court must be careful not to omit any elements of the standard . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 25 October 2022; Ref: scu.85238