[2001] EWCA Crim 2715

In cases involving directions under s.34 Criminal Justice and Public Order Act 1994 the burden of proof remained on the Crown despite the fact that a defendant chose to make no comment. The correct approach was set out in the decision of the Court of Appeal in R v Hearne & Colman (2000) LTL 4/5/2000.

CA (Crim Div) (Lord Woolf of Barnes LCJ, Gage J, Thomas J)

26/11/2001