[2004] EWCA Crim 2766

The ultimate question for the jury under the Criminal Justice and Public Order Act 1994 s.34 remained whether the facts relied on at the trial were facts which the appellant could reasonably have been expected to mention at interview. However, where a solicitor's advice to remain silent was relied upon, the jury must also be directed to consider whether the appellant had genuinely and reasonably relied on the advice.

CA (Crim Div) (Lord Woolf of Barnes LCJ, McCombe J, David Clarke J)

12/11/2004