Inferences from silence—failure to testify


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert
Practice notes

Inferences from silence—failure to testify


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert

Practice notes
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What inferences can be drawn from failure to testify?

Inferences can be drawn where a Defendant:

  1. •

    having been sworn refuses without good cause to Answer a particular question or questions, or

  2. •

    chooses not to give evidence at all

Where either of the above situations arise, the court or jury ‘in determining whether the accused is guilty…may draw such inferences as appear proper'. This means that a court or jury can be invited to infer guilt from the defendant's silence.

When can an inference be drawn?

Before an inference can be drawn under the Criminal Justice and Public Order ACT 1994 (CJPOA 1994), the following conditions must be satisfied:

  1. •

    the defendant must fail to give evidence

  2. •

    having been sworn, refuses to answer questions

  3. •

    the failure to testify or answer questions is without ‘good cause’

  4. •

    the defendant has:

    1. â—¦

      been warned by the court the effect of the failure to give evidence, or

    2. â—¦

      stated that they will give evidence and then fails to do so

The

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Jurisdiction(s):
United Kingdom
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Key definition:
Defendant definition
What does Defendant mean?

A person against whom a claim is brought.

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