- Latest available (Revised)
- Point in Time (31/10/2009)
- Original (As enacted)
Version Superseded: 18/06/2012
Point in time view as at 31/10/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Criminal Justice and Public Order Act 1994, Section 34 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where, in any proceedings against a person for an offence, evidence is given that the accused—
(a)at any time before he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in his defence in those proceedings; or
(b)on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact,
being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, subsection (2) below applies.
(2)Where this subsection applies—
[F1(a)a magistrates’ court inquiring into the offence as examining justices;]
(b)a judge, in deciding whether to grant an application made by the accused under[F2 paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998]
(c)the court, in determining whether there is a case to answer;
and
(d)the court or jury, in determining whether the accused is guilty of the offence charged,
may draw such inferences from the failure as appear proper.
[F3(2A)Where the accused was at an authorised place of detention at the time of the failure, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to being questioned, charged or informed as mentioned in subsection (1) above.]
(3)Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.
(4)This section applies in relation to questioning by persons (other than constables) charged with the duty of investigating offences or charging offenders as it applies in relation to questioning by constables; and in subsection (1) above “officially informed” means informed by a constable or any such person.
(5)This section does not—
(a)prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from this section; or
(b)preclude the drawing of any inference from any such silence or other reaction of the accused which could properly be drawn apart from this section.
(6)This section does not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.
F4(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 34(2)(a) substituted (5.7.1996) by 1996 c. 25 , s. 44(3)(7) (with s. 78(1))
F2S. 34(2)(b): words substituted for s. 34(2)(b)(i)(ii) (9.5.2005 for specified purposes, otherwise prosp.) by Criminal Justice Act 2003 (44), 41, 336, {Sch. 3 para. 64(2)(b)}; S.I. 2005/1267, art. 2(2), Sch. para. 1(1)(p)
F3S. 34(2A) inserted (1.4.2003) by 1999 c. 23, ss. 58(2), 68(3) (with Sch. 7 paras. 5(2), 8); S.I. 2003/707, art. 2(a)
F4S. 34(7) repealed (5.7.1996) by 1996 c. 25, ss. 44(4)(7), 80, Sch. 5 Table 1, Note 2 (with s. 78(1))
Modifications etc. (not altering text)
C1S. 34: power to apply (with modifications) conferred (E.W.) (1.10.2002) by 2002 c. 30, s. 36(1)(c); S.I. 2002/2306, art. 2(c)(iii)
S. 34: power to apply (with modifications) conferred (E.W.) (1.10.2002) by 1997 c. 50, s. 37(2A)(d) (as inserted (1.10.2002) by 2002 c. 30, s. 88(2); S.I. 2002/2306, art. 2(f)(iv))
S. 34: power to apply (with modifications) conferred (E.W.) (1.10.2002) by 1997 c. 50, s. 81(2A)(d) (as inserted (1.10.2002) by 2002 c. 30, s. 89(2); S.I. 2002/2306, art. 2(f)(iv))
C2Ss. 34-38 applied (with modifications) (1.2.1997) by S.I. 1997/16, art. 2(1)(2), Sch.
C3S. 34 applied in part (with modifications) (26.9.2006) by The Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2006 (S.I. 2006/2326), art. 3 Sch. 1
C4S. 34(1) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)
C5S. 34(2) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)
C6S. 34(2A) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)
C7S. 34(3) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)
C8S. 34(5) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)
C9S. 34(6) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: