[2011] EWCA Crim 1098

A judge had been wrong to direct a jury under the Criminal Justice and Public Order Act 1994 s.34 that it could draw an adverse inference from the fact that a defendant had given a no comment police interview where the only facts potentially giving rise to the adverse inference were the defendant's admission of an agreed fact and his denial of any involvement in the offence with which he had been charged.

CA (Crim Div) (Toulson LJ, Keith J, Judge Bevan QC)


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