Signfincant Statement,silence Or Comment Flashcards
Significant statement
used in evidence against the suspect,
• a direct admission of guilt
• failure or refusal to answer a question
• to answer it satisfactorily
which might give rise to an inference
shall be recorded and the suspect given the opportunity to read and sign
Significant statement may arise at any time BEFORE or AFTER caution
Significant silence
• might give rise to inferences (e.g. refusal or failure to answer a question satisfactorily)
• can ONLY arise AFTER caution
Before any subsequent interview at police station any significant statement or silence:
• is put to the accused
they are asked to confirm or deny it : they are invited to add anything they wish
Relevant Comments
Unsolicited comments made by suspect
Any time before the interview
Recording a significant statement, silence or unsolicited comment
A written record shall be made of any comments by a suspected person, including unsolicited comments, which are outside the context of an interview but which might be relevant to the offence
Were practical suspect should be given at be pad and igned be na opportunity to read and sign
Any such record must be timed and signed by the maker sign it as being correct or indicate how it is inaccurate
inference
A conclusion reached on the basis of evidence and reasoning