Appeal by case stated against conviction of having secured entry to premises by violence. Inferences to be drawn from defendant’s silence at police interview. The defendant complained that the magstrates should have set out clearly what inferences they had drawn and from what facts and allowed the defendant opportunity to make representations.
Held: The magistrates had not been in a position to draw the adverse inferences they had. The appeal succeeded.
Judges:
Hughes LJ, Treacy J
Citations:
[2007] EWHC 1793 (Admin)
Links:
Statutes:
Criminal Law Act 1977 13, Criminal Justice and Public Order Act 1994 34
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 05 December 2022; Ref: scu.261399