Criminal Evidence

The court summarised the approach to be taken in a case where a magistrates’ court is considering whether or not to draw adverse inferences from failure to answer police questions in interview.

HELD The justices should ask themselves three questions.

(i) Has the defendant relied in his defence on a fact which he could reasonably have been expected to mention in his interview, but did not? If so, what is it?

(ii) What is his explanation for not having mentioned it?

(iii) If that explanation is not a reasonable one, is the proper inference to be drawn that he is guilty?

[In the crown court, the jury should of course be directed to ask themselves the same questions.]