Criminal Writing Flashcards
What is the effect if the D refuses to give evidence at trial?
Effect of not giving evidence:
1. D not under any obligation to give evidence.
2. But adverse inference can be drawn, meaning jury may wonder why.
3. If physically or mentally unfit to give evidence, no adverse inference can be drawn.
Effect of adverse inference:
1. BOP remains on prosecution - beyond a reasonable doubt.
2. Adverse inference can’t prove guilt alone, but if they have enough evidence it will persuade the jury (then list the circumstantial evidence they could use).
3. Even if you no evidence given, representative can still challenge the evidence.
Effect on giving evidence at trial but not evidence when questioned by police:
1. If you decide to give evidence at trial, an adverse inference could still be drawn from your failure to give an account in police interview.
2. It is likely that you would be questioned at trial on why you did not provide the account at an earlier stage.
Next steps:
1. You must decide before trial.
2. I will connect you with your trial representative to discuss deets.
