[2005] EWCA Crim 971

It had not been open to a judge to allow the admission of evidence as to a defendant's refusal to leave his cell for questioning, nor to permit the jury to draw an adverse inference from that refusal, as the wording of the Criminal Justice and Public Order Act 1994 s.34(1)(a) only permitted adverse inferences to be drawn in relation to responses "on being questioned". In addition the common law right to silence applied under s.34(5) of the Act.

CA (Crim Div) (Lord Woolf of Barnes LCJ, Ouseley J, Treacy J)


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