| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 381 (Apr) |
| Neutral Citation: | [2003] EWCA Crim 1154 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Tuckey LJ, Keith J and Sir Brian Smedley |
| Representation | 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. | |
| Judgment Dates: | 4 April 2003 |
Catchwords
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.
The Case
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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