[2004] EWCA Crim 784

The judge exercised his discretion correctly in directing the jury to consider whether to draw an adverse inference from the appellants' silence since legal advice by itself could not preclude the drawing of an adverse inference and the issue for the jury under the Criminal Justice and Public Order Act 1994 s.34 was whether, regardless of legal advice genuinely given and accepted, an accused had remained silent not because of that advice but because he had no or no satisfactory explanation to give.

CA (Crim Div) (Auld LJ, Forbes J, Judge Tilling)

02/04/2004