A direction in respect of drawing adverse inferences from a fact not mentioned in interview that was later relied upon at trial, under s.34 Criminal Justice and Public Order Act 1994, had no application where there was no evidential basis upon which the s.34 issue could have been resolved as an independent issue, so that the adverse inference provided additional support for the prosecution's case.

CA (Crim Div) (Henry LJ, Bracewell LJ, Richards J)

21/07/2000