A significant statement is defined as..
‘a failure or refusal to answer a question or answer satisfactorily when under caution’ (Code C 11.4A & Code H 11.5)
Criminal Justice and Public Order Act 1994 (CJPOA 1994) ss 34-37 permit the court to draw ‘such inferences as appear’ proper against the accused in the circumstances contained within those sections
Section 34 - CJPOA is drawing inferences from ?
from silence when questioned or charged/officially informed that he might be prosecuted
nferences can be drawn if, when questioned by the police under caution, charged or officially informed that he may be prosecuted, the defendant fails to mention a fact on which he later relies in his defence, that he could reasonably have been expected to mention at this time.
What is CJPOA 1994 Section 36
Section 36 – inferences from silence when fail to account for objects, substances and marks
What is CJPOA 1994Section 37
Inferences from silence when fail to account for presence
What is CJPOA Section 35
Inferences from silence at trial
Under section 36 what 4 conditions must be satisfied
- The defendant is arrested by a constable and there is any object, substance or mark
- on their person
- in or on their clothing or footwear
- otherwise in their possession, or
- in any place in which they are the time of arrest
- an officer (not necessarily the arresting officer) reasonably believes the object, substance or mark may be attributable to the participation in an offence
- the officer informs the defendant of his or her belief and requests the defendant to account for the presence of the object, substance or mark, and
- the defendant fails or refuses to comply with request
What 4 conditions must be ratified for section 37
- the defendant is arrested and found at a place at or about the time the offence for which he or she was arrested is alleged to have been committed
- an officer (not necessarily the arresting officer) reasonably believes the presence of the defendant may be attributable to his or her participation in an offence
- the officer informs the defendant of his or her belief and requests the defendant to account for his or her presence, and
- the defendant fails or refuses to comply with the request
A special warning must be given for which sections
36 and 37 - what are they?
What is a significant statement
Defined under Code C para 11.4A and Code H para 11.5 as ‘one which appears capable of being used in evidence against the suspect, in particular a direct admission of guilt’
What is a relevant comment
Where it falls outside the context of a ‘significant statement’ but nevertheless may still be relevant to the offence
