Where a defendant absconded and failed to give evidence, it was not right for the judge to direct the jury that his failure to give evidence because of his absconding allowed the drawing of adverse inferences. Before such an inference could be drawn, the defendant had to have the consequences of his failure to give evidence explained to him, and that would not have been done in the case of an absconder. That warning was mandatory.
Judges:
Lord Justice Kennedy, Mr Justice Poole and Mr Justice David Steel
Citations:
Times 19-Nov-2001
Statutes:
Criminal Justice and Public Order Act 1994 35(2)
Jurisdiction:
England and Wales
Evidence, Criminal Practice
Updated: 16 May 2022; Ref: scu.166837