A well written and detailed Law of Evidence lecture notes containing outstanding explanation of each particular area of land. Extremely descriptive approach allows you to understand the Law of Evidence more effectively, providing tremendous fundaments for achieving the best possible grade. Apart o...
Post May 1995:
"You do not have to say anything. But it may harm your defence if you do not
mention when questioned something which you later rely on in court. Anything you
do say may be given in evidence."
PACE Code C 10.5 - Note that the caution still says that the suspect is not obliged to
speak – they have a right to remain silent. They are still reminded that anything they
say can be used in court.
SECTIONS 34-37 CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994
Section 34 - Silence when questioned
Section 36 - Silence when confronted with certain types of evidence
Section 37 - Silence when asked to account for your presence at the scene
Section 35 - Failure to give evidence at trial
SECTION 34 - SILENCE WHEN QUESTIONED
Allows ‘such inferences as appear proper’ to be drawn where the suspect:
- Is questioned under caution by a constable before charge/on being charged
- Fails to mention a fact relied on in their defence which they could reasonably
have been expected to mention
Section 34 places the suspect under an obligation to disclose his defence in these
specified circumstances but it is not an absolute obligation – the section itself limits
when inferences may be triggered. Even if the circumstances are met, it still only
gives the tribunal of fact the option to draw an inference – it is not a foregone
conclusion and it cannot alone be the reason for a conviction.
WHEN MUST D DISCLOSE THE FACTS?
(1)(a) at any time before he was charged with the offence, on being questioned
under caution by a constable trying to discover whether or by whom the offence had
been committed, failed to mention any fact relied on in his defence in those
proceedings, or
(b) on being charged with the offence....
The silence must have taken place either before the D was charged (so during the
questioning phase – the police may not question further once the D is charged) or on
the point that he was charged.
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