Inferences from silence—failure to mention facts


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert
Practice notes

Inferences from silence—failure to mention facts


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert

Practice notes
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The Criminal Justice and Public Order Act 1994 (CJPOA 1994) permits a court to draw adverse inferences where a defendant relies on facts in their defence that they did not mention when being questioned under caution or at charge.

For information on interviews conducted in accordance with the Police and Criminal Evidence Act 1984 (PACE 1984), see Practice Note: Interview under caution.

What is an adverse inference?

When summing up a case for a jury, a judge is obliged to identify any specific matters which the prosecution allege the defendant failed to mention, and thereby to alert the jury to any inference or inferences which they are being invited to draw from that failure.

CJPOA 1994, s 34 provides that a court may draw such inferences 'as appear proper' from a failure to mention facts relied on at trial when determining whether to dismiss a charge, whether there is a case to answer and, most frequently, whether the defendant is guilty.

The significance for the jury of a failure by the defendant when first questioned

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Jurisdiction(s):
United Kingdom
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