Adverse Inferences & Silence [2022]

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?