Practice and Procedure

R v GA (2012)

PUBLISHED August 17, 2012

[2012] EWCA Crim 2069

A judge's failure to give a direction under the Criminal Justice and Public Order Act 1994 s.34 in relation to no comment answers by a co-accused in a police interview had not, on the facts, operated unfairly to elevate the co-accused's evidence in circumstances where it conflicted with that of the defendant. The wording of s.34, particularly its reference to "the accused", rather than to "any" accused, lent no support to an argument that the direction was capable of being used at the behest of a co-accused.

CA (Crim Div) (Davis LJ, Treacy J, Slade J)