Where an accused had previous convictions and knew that as a result of the application of Criminal Evidence Act 1898 s.1 he was liable to be cross-examined so as to elicit those convictions, it was appropriate to give the jury a direction under the Criminal Justice and Public Order Act 1994 s.35 that an adverse inference might be drawn against him if he decided not to give evidence.

[2005] UKHL 55

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