The defendants appealed convictions for importing drugs. They chose not to give evidence. At one point, in the presence of the jury, the judge spoke to counsel about warning the defendants of the ‘potential’ inferences, but the defendants had been arraigned before the new rules had come into effect. He acknowledged his mistake, and later addressed the jury in proper terms about the failure to give evidence.
Held: That was sufficient to correct the error.
The defendants had also complained at the admission of evidence derived from telephone intercepts. The court was satisfied that the guidelines had been observed, and additionally that the judge was right to admit the evidence.
Citations:
[1997] EWCA Crim 107
Statutes:
Telecommunication Act 1985, Police and Criminal Evidence Act 1984 78
Jurisdiction:
England and Wales
Criminal Practice, Criminal Evidence
Updated: 08 October 2022; Ref: scu.149562