Inferences Flashcards
What is the general rule regarding a suspect’s right during an interview?
Every suspect has a right to silence.
What happens if a suspect exercises their right to silence during an interview?
A court is allowed to draw inferences at trial, provided statutory conditions are met.
Under which Act can inferences be drawn from a suspect’s silence?
Criminal Justice and Public Order Act 1984, s34.
What does Section 34 of the Criminal Justice and Public Order Act 1984 state?
If a fact is relied on at trial and it would have been reasonable to mention it, inferences can be drawn.
What can inferences under Section 34 indicate about the defendant’s defense?
The defense presented may be true, but the defendant chose not to reveal it at interview, or they have made it up and are actually guilty
What is the ambush defense in relation to Section 34?
The defendant withheld their account at interview knowing it would not withstand police questioning.
What must be considered when determining if it was reasonable to mention a fact at the time of questioning?
- Disclosures
- Information known by the suspect
- Conditions and circumstances of the suspect
- Legal advice received.
When can an adverse inference under s34 not be drawn
If the suspect wasn’t cautioned
What right is given to suspects under s35 CJPOA
The right to silence at trial - but silence can also lead to adverse inferences
What does Section 36 address regarding a suspect’s account?
Failure to account for a mark, object, or substance can lead to adverse inferences
What does Section 37 stipulate about a suspect’s presence?
Failure to account for presence at the scene can lead to adverse inferences
How does the ability to draw inferences under Sections 36 and 37 differ from Section 34?
Inferences can be drawn as soon as there is a failure to account, without needing to mention something later relied upon or go to trial.
What safeguard is contained in Section 38 regarding adverse inferences?
No defendant may be convicted solely based on an adverse inference.
When can adverse inferences not be drawn according COP C para 6.6
If the suspect has not been allowed access to legal advice.
Under what condition can adverse inferences under s34 be drawn?
Only if there is a trial and the defendant pleads not guilty.
What happens if a suspect remains silent based on their solicitor’s advice?
If they had a good defense, inferences may not be drawn.
