[2013] EWCA Crim 937

It had been unfortunate that a judge had given an adverse inference direction under the Criminal Justice and Public Order Act 1994 s.34 on the basis that the accused had said "no comment" to police questions on his arrest, as he had produced a two-page statement that covered all the defence facts. To have also given the direction in terms that were substantially inaccurate was even more unfairly prejudicial, and the conviction was unsafe.

CA (Crim Div) (Judge Goldstone QC (Recorder of Liverpool) , McCombe LJ, King J)

01/05/2013