Inferences from Silence

Question 1

When questioned…

Answer 1

Generally no duty to answer police questions

Question 2

S.34 Criminal Justice and Public Order Act 1994

Answer 2

Failure to mention facts when questioned or charged.
The jury can draw inferences from silence at interview if a fact is later relied on in court and there is no clear reason why the accused failed to mention this earlier

Question 3

S.36 Criminal Justice and Public Order Act 1994

Answer 3

Accused’s failure to account for objects, substances or marks
It must be reasonable for a constable to infer that D was involved in the offence by not accounting for objects, substances or marks they believe to be suspicious
Explanation does not have to be one D would be reasonably expected to give
D must be given a special caution under PACE 1984, Code C, Para 10.11

Question 4

S.35 Criminal Justice and Public Order Act 1994

Answer 4

D cannot be compelled to testify in their own defence
If there is no good reason for failure to testify, jury may draw an inference

Question 5

Drawing an inference…

Answer 5

If D fails to testify, jury should be directed they can draw an inference
A conviction cannot solely be based on silence (Murray) so an inference should only be drawn if the jury are sure that the silence attributed to him having no answer or no answer which would stand up questioning (Condron v UK)