||All England Reporter
|| All ER (D) 381 (Apr)
|| EWCA Crim 1154
||Court of Appeal, Criminal Division
Tuckey LJ, Keith J and Sir Brian Smedley
||Andrew Edis QC and Stuart Driver (assigned by the Registrar of Criminal Appeals) for the defendant.
||David Turner QC and Gordon Cole (instructed by the Crown Prosecution Service) for the Crown.
||4 April 2003
Criminal evidence and procedure - Trial - Summing up - Direction to jury - Inference to be drawn from accused's silence - Failure to give evidence - Accused not giving evidence in order to avoid risk of cross-examination as to character - Appropriateness of direction - s 35.
Where the Crown were granted leave to cross-examine the defendant as to character and where the defendant failed to give evidence to avoid such cross-examination, a direction in accordance with the Judicial Studies Board approach to s35 of the was appropriate.
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