Inferences - Overview Flashcards
Under which section of the Criminal Justice and Public Order Act 1994 can an adverse inference be drawn if a suspect fails to mention a fact later relied on at trial?
A. Section 34
B. Section 36
C. Section 37
D. Section 38
A. Section 34
📖 Explanation: Section 34 applies where a suspect fails to mention a fact during a police interview but later relies on it in their defence at trial. Courts can infer that the fact was fabricated after the interview.
What is required before an adverse inference can be drawn under section 36 or 37?
A. The suspect must be given legal advice
B. The suspect must be charged with an offence
C. The suspect must be given a special warning
D. The suspect must provide a written statement
C. The suspect must be given a special warning
📖 Explanation: Under section 36 (failure to explain an object, mark, or substance) and section 37 (failure to explain presence at a crime scene), the suspect must be given a special warning before an inference can be drawn.
What does section 38 CJPOA 1994 state?
A. No suspect can be convicted based solely on an adverse inference
B. A suspect must always answer police questions
C. A suspect can be convicted solely based on their failure to answer questions
D. A suspect must be charged immediately if an adverse inference is drawn
A. No suspect can be convicted based solely on an adverse inference
📖 Explanation: Section 38 provides a safeguard ensuring that a suspect cannot be convicted based only on an adverse inference—there must be additional evidence.
David is arrested on suspicion of burglary. He is found standing near a broken window of a house at 3 AM but refuses to explain why he is there. Under which section might an adverse inference be drawn?
A. Section 34
B. Section 35
C. Section 36
D. Section 37
D. Section 37
📖 Explanation: Section 37 applies when a suspect fails to explain their presence at a crime scene. If David refuses to explain why he is near the burglary scene, the court may infer that he was there for criminal reasons.
Sarah is arrested with scratches on her arms after a fight but refuses to explain them. Under which section can an inference be drawn?
A. Section 34
B. Section 35
C. Section 36
D. Section 38
C. Section 36
📖 Explanation: Section 36 allows an inference to be drawn if the suspect fails to explain marks, objects, or substances found on them at the time of arrest.
Alex is suspected of fraud. At the police station, he chooses to remain silent. Months later, at trial, he claims he was acting under duress. What might the court do?
A. Accept the defence without question
B. Disregard the defence entirely
C. Draw an adverse inference under section 34
D. Convict Alex immediately based on his silence
C. Draw an adverse inference under section 34
📖 Explanation: Section 34 applies when a suspect fails to mention a defence at interview but later relies on it at trial. The court may infer that the defence was fabricated after the interview.
Tom is arrested on suspicion of robbery. He initially remains silent but later provides a written statement denying involvement. What is the risk of this approach?
A. The police must release him immediately
B. The written statement will be ignored
C. An adverse inference may still be drawn under section 34
D. The court will assume he is guilty
C. An adverse inference may still be drawn under section 34
📖 Explanation: A prepared statement does not necessarily prevent adverse inferences. If Tom later adds new facts not in the statement, an inference could still be drawn.
A suspect is denied access to a solicitor at the police station. They later remain silent in interview. What impact does this have on adverse inferences?
A. No inference can be drawn under section 34, 36, or 37
B. A conviction is automatic
C. Only section 36 applies
D. The suspect is assumed guilty
A. No inference can be drawn under section 34, 36, or 37
📖 Explanation: PACE Code C states that if a suspect is denied legal advice, no adverse inference can be drawn from their silence.
Emma is arrested and refuses to answer police questions. At trial, the prosecution relies only on her silence to prove guilt. What should happen?
A. She will be convicted
B. She will be acquitted
C. Section 38 prevents conviction based solely on silence
D. The judge will exclude her silence as evidence
C. Section 38 prevents conviction based solely on silence
📖 Explanation: Section 38 ensures that a defendant cannot be convicted solely based on adverse inferences. Other evidence is required.
Which of the following would NOT lead to an adverse inference being drawn?
A. A suspect refuses to answer questions after receiving legal advice
B. A suspect remains silent but was never given a caution
C. A suspect refuses to answer questions but later provides a prepared statement
D. A suspect remains silent at interview and trial
B. A suspect remains silent but was never given a caution
📖 Explanation: No inference can be drawn if the suspect was not cautioned before questioning.
When is a ‘special warning’ required?
A. When the suspect refuses to answer any question
B. When the suspect refuses to explain an object, mark, or presence at a crime scene
C. When the suspect has been charged
D. When the suspect changes their legal representative
B. When the suspect refuses to explain an object, mark, or presence at a crime scene
📖 Explanation: Sections 36 and 37 require a special warning before an inference can be drawn.
