T v DPP [2007] EWHC 1793 (Admin), [2007] All ER (D) 133 (Jul)
Lord Justice Hughes, at paras 26–29, gave guidance on the operation of the Criminal Justice and Public Order Act 1994, s 34. Justices should invariably ask 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?
