Adverse Inferences & Silence [2022]

Webinar Details

Available now

Expires after 90 days

Clive Smith

CPD Hours: 1


From our LAW2022 Online Crime Spring package this 1 hour webinar, presented by Clive Smith provides a review of Adverse Inferences & Silence law.

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?