Crim Unit 7 - Inferences

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Questions and Answers

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

A direction on the facts and an analysis of the legal arguments

An opening statement and a closing statement

A statement of the case and a rebuttal of the defendant's case

A direction on the law and a summary of the evidence (correct)

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

CrimPR 25.14(3) (correct)

Miah \[2018\] EWCA Crim 563

G \[2018\] EWCA Crim 1393

CrimPD 8.5

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

It is a legal resource that is used to summarize the law.

It provides guidance and draft directions for the summing-up procedure. (correct)

It is a court document used to record the details of a trial.

It provides evidence and guidance for lawyers in the courtroom.

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

Communications between the client and legal adviser for the dominant purpose of obtaining legal advice or giving legal advice to the client. (D) Signup and view all the answers

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

When the client instructs them not to. (A) Signup and view all the answers

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

To prevent the defendant from being forced to self-incriminate. (A) Signup and view all the answers

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

It can be used as evidence of the defendant's guilt. (C) Signup and view all the answers

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

They should be advised that their silence is their right and the jury should not draw any negative inferences from it. (D) Signup and view all the answers

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?

CJPO 1994, s. 34(1) (D) Signup and view all the answers

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

The statement may contain omissions that can be interpreted as a failure to mention facts. (A) Signup and view all the answers

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?

The statutory language of s. 34(1)(a). (D) Signup and view all the answers

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?

Johnson [2005] EWCA Crim 971 (A) Signup and view all the answers

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

To prevent the jury from drawing inferences from other, irrelevant facts. (D) Signup and view all the answers

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

They may serve as the basis for a s. 34 direction, but the judge must carefully assess their relevance. (D) Signup and view all the answers

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?

The accused should be given an opportunity to explain their reasons for non-disclosure. (C) Signup and view all the answers

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

Facts that are true but have no bearing on the alleged crime. (D) Signup and view all the answers

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

When they have been sworn in and refuse to answer. (D) Signup and view all the answers

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

CrimPD 6.7 (C) Signup and view all the answers

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

To ensure the defendant understands the consequences of declining to testify. (B) Signup and view all the answers

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

To ensure the decision was made voluntarily. (A) Signup and view all the answers

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

Inferences drawn based on the defendant's lack of good cause for refusing to answer questions. (A) Signup and view all the answers

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

Physical or mental condition making it undesirable to testify and guilt not in issue. (B) Signup and view all the answers

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

The judge may remind the accused of this duty, but not in an oppressive way. (B) Signup and view all the answers

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?

Only when the uncontradicted evidence concerns a matter about which the accused can confidently be expected to have personal knowledge. (C) Signup and view all the answers

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

Allowing the tribunal of fact to draw inferences from the accused's failure to reveal specific facts, under certain circumstances. (A) Signup and view all the answers

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

When the accused has declined to answer questions. (D) Signup and view all the answers

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

The accused presenting a defence only after the prosecution has presented their case. (A) Signup and view all the answers

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?

Murray v UK (1996) (A) Signup and view all the answers

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

The ECtHR has concluded that the right to silence is absolute and cannot be limited under any circumstances. (A) Signup and view all the answers

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

Balancing the right to remain silent with the potential for adverse inferences being drawn. (D) Signup and view all the answers

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

The defendant's belief that the victim was armed with a hammer. (D) Signup and view all the answers

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

A conviction based on silence can be unsafe if proper directions are not given to the jury. (D) Signup and view all the answers

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

An inference can be drawn when an accused is given the opportunity to consult with legal counsel before being questioned. (A) Signup and view all the answers

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?

A waiver must be voluntary, informed, and unequivocal. (C) Signup and view all the answers

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

Section 38(3) prevents conviction solely on an inference drawn from silence in any of the scenarios covered under the 1994 Act. (A) Signup and view all the answers

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?

It is inappropriate to directly infer guilt based on an accused's silence alone. (C) Signup and view all the answers

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

Section 34 did not apply because the accused's silence was based on legal advice. (C) Signup and view all the answers

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

When the prosecution cannot prove that the accused has failed to mention a specific fact at trial. (A) Signup and view all the answers

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

The prosecution's reliance on the accused's silence to prove its case. (A) Signup and view all the answers

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

The presence of a legal representative during questioning. (A) Signup and view all the answers

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

To ensure the jury does not convict solely based on the accused's unhelpfulness. (A) Signup and view all the answers

Under what condition is section 34 likely to apply?

When the accused presents a defense built on facts that could have been mentioned earlier. (B) Signup and view all the answers

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

Section 35 allows the judge to draw inferences from the accused's silence in certain circumstances. (C) Signup and view all the answers

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

The CJPO 1994 replaces the Criminal Evidence Act 1898, allowing inferences to be drawn from the accused's silence. (A) Signup and view all the answers

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

Sections 34 and 35 function independently, but they may sometimes apply together. (A) Signup and view all the answers

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

The stronger the prosecution's case, the more likely it is that the accused's silence can be considered a sign of guilt. (D) Signup and view all the answers

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

The accused's silence may be automatically excluded as evidence due to lack of recording. (D) Signup and view all the answers

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

Section 78 grants the judge discretion to exclude evidence obtained through silence if it would be unfair to use it. (C) Signup and view all the answers

Study Notes

Jury Trial Procedure

Summing up follows BCP paragraph D18.21 (first paragraph).
Examinable material includes discussion with counsel, counsel's duty to assist the court, order of speeches, limitations on content, the trial judge's summing up, and written directions.

Privilege

Legal professional privilege and waiver of privilege are examinable topics.
Includes legal professional privilege scope, proof of privilege, legal advice privilege, litigation privilege, communications in furtherance of crime or fraud, waiver of privilege, and section 34 of the Criminal Justice and Public Order Act 1994.

Inferences from the Defendant's Silence and Conduct

Evidential significance of the defendant's lies and directions for the jury are important.
Inferences can be drawn from the defendant's failure to mention facts, account for objects/substances/marks on the scene of a crime, or account for their presence.
Inferences from the defendant's failure to testify in their own defence should be considered, including the advice a defendant should receive on this issue.

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Description

This quiz covers essential topics in jury trial procedures, including the roles of counsel, trial judge instructions, and the implications of privilege within the legal framework. Key examinable areas include the summing up by the judge and the legal aspects of professional privilege. It also evaluates the significance of a defendant's silence and conduct during trials.