Inferences from Silence

Question 1

Right to silence

Answer 1

no duty to answer questions when questioned under caution
(ECHR article 6 - ‘Not to be compelled to testify against himself or to confess to guilt’)

Question 2

Adverse inferences from silence - Criminal Justice and Public Order Act 1994

Answer 2

applicable in this case for -failure to account for presence at particular place (s.37)

Question 3

when can inference be drawn

Answer 3

1. judge must explain burden of proof remains with prosecution
2. right to silence and freedom to not testify remain
3. an inference alone cant prove guilt
4. only if jury conclude that D’s silence can ‘only be sensibly attributed to D having to answer- can inference then be drawn