Part III Course of Justice: Evidence, Procedure, Etc.

Inferences from accused’s silence

C1C1137 Effect of accused’s failure or refusal to account for presence at a particular place.

C51

Where—

a

a person arrested by a constable was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed; and

C2b

that or another constable investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to his participation in the commission of the offence; and

C2C3c

the constable informs the person that he so believes, and requests him to account for that presence; and

d

the person fails or refuses to do so,

then if, in any proceedings against the person for the offence, evidence of those matters is given, subsection (2) below applies.

C62

Where this subsection applies—

F4a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5b

a judge, in deciding whether to grant an application made by the accused underF1 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 or refusal as appear proper.

C4C73

Subsections (1) and (2) 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.

C8F2 3A

Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.

4

This section applies in relation to officers of customs and excise as it applies in relation to constables.

C95

This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place which could properly be drawn apart from this section.

C106

This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.

F37

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