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Criminal Justice and Public Order Act 1994, Section 36 is up to date with all changes known to be in force on or before 12 September 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.
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(1)Where—
(a)a person is arrested by a constable, and there is—
(i)on his person; or
(ii)in or on his clothing or footwear; or
(iii)otherwise in his possession; or
(iv)in any place in which he is at the time of his arrest,
any object, substance or mark, or there is any mark on any such object; and
(b)that or another constable investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence specified by the constable; and
(c)the constable informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark; and
(d)the person fails or refuses to do so,
then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, 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—
(i)section 6 of the M1Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or
(ii)paragraph 5 of Schedule 6 to the M2Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act);
(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 or refusal as appear proper.
(3)Subsections (1) and (2) above apply to the condition of clothing or footwear as they apply to a substance or mark thereon.
(4)Subsections (1) and (2) above do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request.
(5)This section applies in relation to officers of customs and excise as it applies in relation to constables.
(6)This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section.
(7)This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.
F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 36(2)(a) substituted (5.7.1996) by 1996 c. 25, s. 44(3)(7) (with s. 78(1))
F2S. 36(8) 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. 36 applied (with modifications) (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 21; S.I. 2002/2750, art. 2(a)(ii)(d)
C2Ss. 34-38 applied (with modifications) (1.2.1997) by S.I. 1997/16, art. 2(1)(2), Sch.
C3S. 36(1)(b)(c) modified (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 23(b); S.I. 2002/2750, art. 2(a)(ii)(d)
C4S. 36(1)(c) extended (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 23(a); S.I. 2002/2750, art. 2(a)(ii)(d)
C5S. 36(4) modified (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 23(b); S.I. 2002/2750, art. 2(a)(ii)(d)
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