The defendant appealed against his conviction for wounding with intent. He had answered ‘no comment’ in the police interview, but claimed self defence at trial. The court considered what note should be taken of the solicitor’s evidence of his advice on interview.
Held: Rose LJ gave examples of where a solicitor’s advice to remain silent may be readily understood. He said: ‘Good reason may well arise if, for example, the interviewing officer has disclosed to a solicitor little or nothing of the nature of the case against the defendant, so that the solicitor cannot usefully advise his client.’
Judges:
Rose LJ, Astill J, Dyer J
Citations:
[1997] Crim LR 449, [1997] EWCA Crim 118
Links:
Statutes:
Criminal Justice and Public Order Act 1994 34
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Condron, Condron CACD 17-Oct-1996
The defendants were charged with the supply of heroin. They had declined to answer police questions and it was on the record that their solicitor had advised them not to do so, on the grounds that he considered them unfit because they were . .
Cited – Regina v Cowan and Another CACD 12-Oct-1995
Detailed directions were provided for the judge to give to a jury where a defendant chooses not to give evidence in his defence in the Crown Court.
Lord Taylor of Gosforth said: ‘1. The judge will have told the jury that the burden of proof . .
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 – Regina v Nottle CACD 25-Feb-2004
The defendant appealed against his conviction for criminal damage. He had been accused of scratching an obscene message on a car. In doing so the person had misspelled the car owner’s name. When asked to write out the message, on interview the . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 08 October 2022; Ref: scu.149573
