Adverse inference

Question 1

What are adverse inferences

Answer 1

Common sense conclusion

Question 2

S34 Criminal Justice and Public Order Act 1994

Answer 2

If a fact is later relied on at trial and it would have been reasonable to have mentioned it in the interview. The suspect must have been cautioned

Question 3

S36 Criminal Justice and Public Order Act 1994

Answer 3

If there is a failure to account for a mark, object or substance. The suspect must have been given a special warning.

Question 4

S37 Criminal Justice and Public Order Act 1994

Answer 4

If there is a failure to account for presence at the scene. The suspect must have been given a special warning.

Question 5

S38 Criminal Justice and Public Order Act 1994

Answer 5

No defendant may be convicted sole based on adverse interferences.

No adverse inference can be drawn where the suspect has not been allowed access to legal advice

Question 6

s34 reasonable to have mentioned

Answer 6

circumstances existing at the time can include:
- what disclosure the police made to the suspect to the lawyer
- what information the prosecution can demonstrate the suspect knew at the time of the questioning or change.
- the condition and circumstances of the suspect
- any legal advice the suspect received

‘because my lawyer told me to say no comment’ does not prevent adverse inferences being drawn- but can help the court in Considering whether to draw one.

Question 7

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