Inferences

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Questions and Answers

What does section 38(1) state regarding proceedings against a person?

A person can be convicted based solely on inferences drawn from their silence.
Judges can refuse applications based on the defendant's silence.
A person's trial can be transferred to the Crown Court based on their refusal to answer questions.
Inferences drawn from silence cannot solely result in a trial or conviction. (correct)

Which of the following sections are explicitly mentioned as not allowing inferences from silence to lead to a conviction?

Sections 33, 34, 36, and 37
Sections 32 and 34
Sections 34, 36, and 37 (correct)
Sections 35 and 36

What is the implication of a judge refusing to grant an application based solely on inferences from silence?

The judge must provide evidence for the refusal.
The judge's decision can be overruled by the jury.
The refusal is acceptable without specific evidence.
The refusal must be based on specific facts relied upon. (correct)

What is the purpose of section 34 of the CJPO 1994?

To prevent the drawing of adverse inferences from mere silence. (A) Signup and view all the answers

What should be established before directing a jury about the defendant's silence?

Specific facts that the defendant has relied upon. (A) Signup and view all the answers

Under what circumstance does section 34 not apply?

When the defense merely contends that the prosecution has failed to prove a case. (B) Signup and view all the answers

What does section 38(3) pertain to?

All provisions allowing the drawing of inferences from silence. (C) Signup and view all the answers

What is a potential misconception regarding the direction to the jury about the defendant's 'no comment' response?

It can suggest guilt without context. (C) Signup and view all the answers

What was a crucial issue regarding D's DNA on the explosive device?

It could have been due to innocent indirect transfer. (B) Signup and view all the answers

Why was the agreement between experts criticized by the Court of Appeal?

It was unnecessarily broad. (B) Signup and view all the answers

What does CJPO 1994, s. 34, allow a jury to consider?

Inferences from the defendant's failure to mention certain facts. (D) Signup and view all the answers

Under what circumstance might silence be the best response for a legal adviser?

When little information is available. (C) Signup and view all the answers

What was the Court's stance on the failure of the interviewer to provide relevant information?

It could influence the propriety of drawing an inference. (B) Signup and view all the answers

What circumstance may lead to reasonable expectations of a case from the defendant?

Having knowledge of facts pointing to an alternative explanation. (D) Signup and view all the answers

What implication does the Court of Appeal's observation about direct transfer of DNA suggest?

It may not be realistic to expect an explanation from defendants. (A) Signup and view all the answers

What does a s. 34 direction pertain to in this context?

The implications of the accused's silence during an interview. (B) Signup and view all the answers

What is outlined as a key element of the judicial direction involving CJPO 1994, s. 34, regarding a defendant's right to silence?

The defendant may choose to remain silent, but conclusions may be drawn from that silence. (A) Signup and view all the answers

Which of the following is NOT a component of the judicial direction outlined in the Compendium when applying CJPO 1994, s. 34?

Automatic assumptions about the defendant's guilt. (B) Signup and view all the answers

What instruction should juries receive regarding drawing conclusions from an accused's silence according to CJPO 1994, s. 34?

To draw an adverse conclusion only if it is 'fair and proper' to do so. (C) Signup and view all the answers

In which scenario would drawing an inference against the defendant be considered inappropriate?

The accused was not made aware of facts that called for an answer. (A) Signup and view all the answers

What role do the advocates play in the direction concerning the unmentioned facts in defense?

They identify, in consultation, the facts that were not mentioned. (B) Signup and view all the answers

What should jurors consider concerning the prosecution's case at the time of the interview?

Whether the prosecution's case did not need an answer. (C) Signup and view all the answers

Which of the following statements accurately reflects the nature of inference that may be drawn when a defendant remains silent?

An inference can only be made if the silence relates directly to facts called for at the interview. (C) Signup and view all the answers

What must a trial judge ensure when directing the jury regarding the CJPO 1994 provisions?

The direction must accurately reflect the law and be sufficient for the case's circumstances. (A) Signup and view all the answers

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Study Notes

CJPO 1994 and Inferences from Silence

Clear judicial direction is required when relying on CJPO 1994, s. 34 regarding inferences drawn from an accused's silence.
Notable elements to consider include the accused's right to remain silent and the potential implications of not mentioning specific facts.

Key Directions to the Jury

Remind jurors that the accused was cautioned against self-incrimination and that silence might lead to adverse conclusions.
Collaborate with advocates to identify unmentioned facts that are now relied on for defense, including reasons for not mentioning those facts and possible conclusions regarding their truthfulness.
Consider whether the prosecution case prior to the interview necessitated a response and assess if any explanations for the silence are reasonable.
Draw adverse conclusions only if it's "fair and proper" to do so and refrain from convicting primarily based on this inference.

Legal Context of Silence

Section 34 does not apply if the defense argues simply that the prosecution has failed to prove its case without introducing previously undisclosed facts.
Directing a jury to infer guilt from silence alone contradicts the intent of s. 34.

Case Context

The case involved an accused who, on legal advice, chose not to respond to police inquiries and did not provide evidence during the trial.
A jury direction suggesting that the accused’s half-hearted responses implied a “sinister reason” for silence was deemed inappropriate unless linked to specific unmentioned facts.

Expert Testimonies and DNA Evidence

Presence of the accused’s DNA on an explosive device raised questions about innocent indirect transfer, highlighting the complexity of forensic evidence.
Experts noted that expecting detailed explanations for DNA presence isn't realistic; however, individuals may still possess alternative explanations based on personal knowledge or circumstances.
Broad agreement between experts was criticized for potentially undermining individual accountability in self-defense situations.

Right to Information and Fairness in Interviews

Failure to disclose pertinent information during interviews impacts the appropriateness of drawing inferences from silence.
Defendants may be advised to remain silent if insufficient information is provided to assess the case effectively.

Example Application of s. 34

A direction under s. 34 was deemed necessary in an instance where the accused did not mention that an allegation of assault was fabricated by a witness, indicating potential relevance to the defense.

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