Source: All England Reporter
Publisher Citation: [2001] All ER (D) 152 (Dec)
Court: Court of Appeal, Criminal Division

Kay LJ, Sir Ian Kennedy and The Recorder of Liverpool

Representation Marguerite Russell and Danny Friedman (assigned by the Registrar of Criminal Appeals) for the defendant.
  Mark Gadsden and Sally Halkerston (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 12 December 2001


Criminal evidence - Admissions and confessions - Silence of accused - Inference from silence - Defendants interviews excluded from trial as being in breach of police codes of practice - Evidence of defendant's silence when charged adduced at trial - Whether judge erring in directing jury to draw any proper adverse inferences from silence - s 34(1) - Police Codes of Practice, 11.4 and 16.1 - .

The Case

The defendant's conviction for an offence of conspiracy was safe because the judge had not erred in giving the jury a direction that they could draw inferences from the defendant's silence when charged in circumstances where his interview had been excluded for breach of the police codes of practice pursuant to the .

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