Practice and Procedure

R v ADEM BRESA (2005)

PUBLISHED May 27, 2005

The judge had misdirected the jury, when giving an adverse inference direction pursuant to the Criminal Justice and Public Order Act 1994 s.34, where he had failed to emphasise the offender's right to privilege in relation to the communications between him and his solicitor and the direction had contained nothing about the jury having to be sure that the offender remained silent not just because of the legal advice he received but because he had no answer to give in the interview.

[2005] EWCA Crim 1414