Adverse Inferences & Silence 
Expires after 90 days
CPD Hours: 1
The adverse inference has been with us since the Criminal Justice & Public Order Act 1994. Since then, we have had much case law, further statutory encroachments on the right to silence, such as the Criminal Procedure & Investigations Act 1996, and other areas of development, all of which will be covered in this course.
In particular we will look at:
- Accusations in the presence of police officers
- Failure to account for objects, substances or marks – what is required before this can be held against the accused?
- Failure to account in interview AND give evidence – is there such a thing as a double-inference?
- Domestic Violence, Crime & Victims Act 2004 – allowing a child or vulnerable adult to die of suffer serious physical harm – what are the special rules in such cases?
- Evidence to rebut an adverse inference and helpful case-law
- Defence disclosure requirements under the CPIA 1996
- What’s the consequence of failure to disclose by the defence?
- Should I mention that defence witness who probably won’t turn up?