When a defendant was silent, it was necessary for the court to be especially careful to give precise and accurate directions on the effect of such silence as to the drawing of adverse inferences. Having answered questions on some aspects, it was not possible for the court to separate out the issues safely so as to allow an adverse inference to be drawn, and the judge’s directions failed properly to identify clearly all six issues as required in R v Argent
Citations:
Times 17-Aug-2000, [2000] EWCA Crim 49, [2001] 1 Cr App R 11
Links:
Statutes:
Criminal Justice and Public Order Act 1994 33
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Argent CACD 16-Dec-1996
The defendant complained that, after acting on his solicitor’s advice to not answer questions when interviewed by the police, the court had allowed the jury to draw inferences from his failure. The police had failed to make such full disclosure of . .
Cited by:
Cited – Petkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Crime
Updated: 04 October 2022; Ref: scu.158699
