Silence. Flashcards
1
Q
What article involves right to silence?
A
Article 6 ECHR.
2
Q
What is the case for right to silence and protection against adverse inferences but some inferences permissible?
A
Murray v UK.
3
Q
What is the main statute?
A
Criminal Justice and Public Order Act 1994.
4
Q
What are the 4 sections that allow adverse inferences to be drawn?
A
S.34
S.35
S.36
S.37
5
Q
What is S.34 CJPOA?
A
Failure to mention when questioned some fact later relied on in evidence.
6
Q
What is S.35 CJPOA?
A
Failure to give evidence at trial.
7
Q
What is S.36 CJPOA?
A
Failure to account for incriminating objects, substances or marks.
8
Q
What is S.37 CJPOA?
A
Failure to account for presence at a particular place.
9
Q
When can an inference be drawn (steps)?
A
- Judge tells jury burden of proof is on prosecution.
- Right of silence cannot prove guilt on its own.
- Jury must be satisfied there is no case to answer.
- Then when the jury conclude the silence explains D having no answer then they can draws inferences.
