Someone recently bought our

students are currently browsing our notes.

X

Inferences From Silence Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

Updates Available  

A more recent version of these Inferences From Silence notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Inferences from Silence & Evasive Conduct (1) Failure to Mention Facts (s34 YJCEA) s13 YJCEA 1999 - Where D withholds a fact when:

*

Questioned under caution;

*

When being charged;

Which he could reasonably be expected to mention, and later presents it at trial, inferences may be drawn. - "such inferences as appear proper".

When can you rely on adverse inferences?

*

*

*

D must have been questioned under caution

*

"You do not have to say anything. But it may harm your defence if you do not mention, when questioned, something you later rely on in court. Anything you do so may be given in evidence" - This is to inform D of the effect of s34 YJCEA.

*

No inference may be drawn if D has not had the opportunity to speak to a solicitor, whether lawfully or unlawfully withheld.

*

D's waiver of legal advice must be "Voluntary, informed and unequivocal".

D fails to mention a fact relied on

*

In court means EiC, XX or RE, or what counsel puts forward. Thus, it doesn't include failing to give any evidence and putting the Crown to proof!

*

If D varies his account, the correct approach is a lies direction (credibility) rather than s34 CJPOA.

*

A prepared statement in lieu of answering questions cannot found an inference, unless D relies on facts not mentioned in the statement.

*

The fact must be known to D at the time (s34 can't apply where D did not know of fact)

*

It does not apply to facts which are undisputed.

The fact should reasonably have been mentioned

*

Facts "which, in the circumstances existing at the time the accused could reasonably have been expected to mention."

* Age;

* Mental Capacity;

* Health;

* Sobriety;

* Tiredness;

Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.

More BPTC Criminal Litigation Samples