Where there was no direct evidence but sufficient material before the Recorder to show doubt as to whether it had been an exceptional circumstance in which it was not appropriate to give the s.35 Criminal Justice and Public Order Act 1994 direction (on adverse inferences being drawn on a failure to give evidence at trial), then that direction should not be given.

CA (Crim Div) (Waller LJ, Butterfield J, Judge Allen)

30/04/1999