Where during a police interview, the defendant had maintained silence without stating facts which went to the heart of his defence, it was proper for the judge to refer to the section which would allow the jury to make proper inferences from that silence. The judge should consider carefully the model direction provided by the Judicial Studies Board, and if usually discuss the form of direction with counsel for both defence and prosecution. It remained the case that the burden of proof lay on the Crown throughout.
Judges:
Lord Woolf, Lord Chief Justice, Mr Justice Gage and Mr Justice Thomas
Citations:
Times 07-Dec-2001, [2001] EWCA Crim 2715, [2002] 1 Cr App Rep 41, [2002] Crim LR 211
Links:
Statutes:
Criminal Justice and Public Order Act 1994 34
Jurisdiction:
England and Wales
Citing:
Disapproved – Regina v Mountford CACD 21-Dec-1998
M was convicted of possessing a class A drug with intent to supply. His defence at trial was that W was the dealer and he was merely a purchaser. He had not mentioned this to the police when questioned, on the ground (he said) that he did not want . .
Followed – Regina v Hearne CACD 4-May-2000
. .
Per incuriam – Regina v Gill CACD 2001
. .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 04 June 2022; Ref: scu.167116
