Inferences Flashcards
(18 cards)
When is a Lucas direction given?
Where a lie from the accused is relied upon
What is the nature of a Lucas direction?
Reminding the jury that people lie, and can lie due to shame or to bolster a just cause or to conceal behaviour from family etc.
Does not necessarily mean guilt - the Lucas direction makes clear that the reason for the lie is important
What are the four key situations in which a Lucas direction will be given?
(i) defence is alibi
(ii) where the judge decides it is important to draw attention to lies told by the accused
(iii) where prosecution seek to show that something said in relation to an issue was a lie and to rely on it as evidence of guilt
(iv) If the judge considers that there may be a real danger that the jury may base their reasoning on a lie
What is the relevance of s.34 CJPO?
Allows for inferences to be drawn from a failure to mention something that is then relied upon in defence
What are inferences trying to protect against?
Ambush defence and positive defences following no comment interviews
Can an inference be drawn if the accused was not allowed legal advice?
No
What is the test for whether a fact should have been mentioned for the purposes of s.34?
Those which the accused can reasonably be expected to have mentioned
What happens if fact was not disclosed on legal advice?
Court will look to ascertain whether you followed the advice because you were an innocent party following advice, or whether it was good as it hid your guilt
What can D do to prove whether advice was given and to what extent?
Waive privilege
What inference can be drawn?
Facts invented after questioning
chose silence over incriminating themselves
What should an s.34 direction contain?
Reminder of the caution
a list of facts which were not mentioned
any reasons given for this
the conclusions it is suggested that might be drawn from this
An instruction to consider P’s case at the time - did it require a response?
An instruction to only draw an adverse conclusion if it is fair and proper to do so, and not to convict solely on an inference
What inference can be drawn from a failure to testify?
Under s.35 - inference
Broadly, stronger the case, stronger the obligation to answer it
This part applies to those sworn in who then refuse to answer questions
Who does s.35 not apply to?
Those with capacity issues and those where guilt is not in issue
Should s.35 be applied where someone could not attend trial who otherwise would have done?
No - should look to facilitate their involvement elsewise
When does s.36 apply ?
When someone is found with mark or an object on them or near them and they refuse to account for it
When does s.37 apply?
When someone is arrested in a place and refuses to account
What condition must be satisfied by both s.36 and s.37
Constable must inform the accused of their belief in the relevance of the object, mark or location and must ask for an explanation.
They must explain the effect of refusing to comply with the request
Can someone be convicted based on an inference?
No - s.38 CJPO says you can’t
