Crim Unit 7 - Inferences

What are the two parts the trial judge's summing-up conventionally falls into?

What document sets out the appropriate steps to be followed on summing-up?

What is the significance of the Crown Court Compendium in regards to the summing-up?

Which two types of confidential communication are subject to legal professional privilege?

In what scenario can a client's legal adviser refuse to give oral evidence or produce documents?

Why is it important for a defendant to be able to refuse to give oral evidence or produce documents?

What is the significance of the defendant's failure to mention facts when questioned?

What advice should be given to a defendant who chooses not to testify in their own defense during the trial?

In what case was it determined that adverse inferences can be drawn from a fact relied on in defense only if the fact is one which, in the circumstances existing at the time, the accused could reasonably have been expected to mention?

If an accused provides a prepared statement, what potential issue can arise?

What rule prevents the drawing of inferences from silence under the CJPO 1994, s. 34, in the absence of questioning under caution by a constable?

In what case did the court establish that an accused's refusal to leave their cell for questioning, leading to an absence of questions under caution, would preclude the application of s. 34?

Why is it crucial for the judge to specifically identify the facts used as the basis for a s. 34 direction?

What is the significance of inconsistencies between an accused's prepared statement and their defense at trial?

What should be done when the accused gives evidence in court and fails to disclose a fact that could have been mentioned at a previous stage?

What does the term "innocuous facts" refer to when discussing the application of s. 34?

When can a person be considered to have refused to answer a question without good cause?

What legal document provides guidance on the procedure for a defendant's right to give or not to give evidence?

What is the court's obligation under s. 35(2) regarding a defendant's right to give evidence?

Why is it essential for counsel to record the decision of the accused not to give evidence?

What are the 'proper' inferences drawn under CJPO 1994, s. 35?

What are the two exceptions to the operation of CJPO 1994, s. 35?

What does the text state about the court's ability to remind the accused of their duty to answer questions?

According to Hamidi [2010] EWCA Crim 66, when can an observation be made about the accused depriving the jury of contradiction or explanation of prosecution evidence?

What is the primary focus of Section 34, as described in the text?

When does Section 34 not apply to an accused person's silence?

What is the 'mischief' that Section 34 primarily addresses, according to the text?

What decision from the European Court of Human Rights (ECtHR) influenced the amendment to Section 34(2A) of the Criminal Justice and Public Order Act 1994?

Which of the following statements about the ECtHR's rulings on adverse inferences from silence is not correct, based on the text?

What is the 'fundamental dilemma' described in the text that an accused person faces at the outset of an investigation?

In the Abdalla case, what was the specific factor that the defendant failed to reveal which could have been seen as suspicious?

Based on the text, in the Chenia case, the Court of Appeal ruled that:

According to the content, when can an inference be drawn from an accused's silence?

In the case of Saunders [2012] EWCA Crim 1380, what was the Court of Appeal's stance on waiver in relation to drawing inferences from silence?

How does section 38(3) of the Criminal Justice and Public Order Act 1994 apply to the drawing of inferences from silence?

The case of Smith (Troy Nicholas) [2011] EWCA Crim 1098 highlights a key aspect of drawing inferences under section 34 of the CJPO 1994. What does this case suggest?

In the case of Moshaid [1998] Crim LR 420, what was the key finding regarding the application of section 34?

According to the content, when should a jury NOT draw an inference from silence?

In the context of the content, what does 'reliance' on a fact in the context of section 34 refer to?

According to the content, which of the following factors is NOT mentioned as a key element to consider when drawing inferences from silence?

What is the purpose of the provision mentioned in the content, regarding the judge prompting the jury?

Under what condition is section 34 likely to apply?

Which of the following statements accurately reflects the applicability of section 35?

What is the significance of the Criminal Justice and Public Order Act 1994 (CJPO 1994) in relation to the accused's silence?

What is the relationship between sections 34 and 35 of the CJPO 1994?

What is the guiding principle for determining the strength of the inference that can be drawn from the accused's silence?

Which of the following is NOT a potential consequence of failing to make proper records of an interrogation?

How does the PACE 1984, section 78, impact the admissibility of evidence obtained through silence?