User Tools
special_warnings
Differences
This shows you the differences between two versions of the page.
| Next revision | Previous revision Next revision Both sides next revision | ||
|
special_warnings [2018/03/14 14:16] frescom created |
special_warnings [2018/03/14 14:18] frescom |
||
|---|---|---|---|
| Line 10: | Line 10: | ||
| 10.10 When a suspect interviewed at a police station or authorised place of detention after arrest fails or refuses to answer certain questions, or to answer satisfactorily, after due warning, see Note 10F, a court or jury may draw such inferences as appear proper under the Criminal Justice and Public Order Act 1994, sections 36 and 37. Such inferences may only be drawn when: | 10.10 When a suspect interviewed at a police station or authorised place of detention after arrest fails or refuses to answer certain questions, or to answer satisfactorily, after due warning, see Note 10F, a court or jury may draw such inferences as appear proper under the Criminal Justice and Public Order Act 1994, sections 36 and 37. Such inferences may only be drawn when: | ||
| - | (a) the restriction on drawing adverse inferences from silence, see Annex C, does not apply; and | + | a) the restriction on drawing adverse inferences from silence, see Annex C, does not apply; and |
| - | (b) the suspect is arrested by a constable and fails or refuses to account for any objects, marks or substances, or marks on such objects found: | + | b) the suspect is arrested by a constable and fails or refuses to account for any objects, marks or substances, or marks on such objects found: |
| - | - on their person; | + | * on their person\\ |
| - | - in or on their clothing or footwear; | + | * in or on their clothing or footwear\\ |
| - | - otherwise in their possession; or | + | * otherwise in their possession or\\ |
| - | - in the place they were arrested; | + | * in the place they were arrested\\ |
| - | (c) the arrested suspect was found by a constable at a place at or about the time the offence for which that officer has arrested them is alleged to have been committed, and the suspect fails or refuses to account for their presence there. When the restriction on drawing adverse inferences from silence applies, the suspect may still be asked to account for any of the matters in (b) or (c) but the special warning | + | c) the arrested suspect was found by a constable at a place at or about the time the offence for which that officer has arrested them is alleged to have been committed, and the suspect fails or refuses to account for their presence there. When the restriction on drawing adverse inferences from silence applies, the suspect may still be asked to account for any of the matters in (b) or (c) but the special warning |
| described in paragraph 10.11 will not apply and must not be given. | described in paragraph 10.11 will not apply and must not be given. | ||
special_warnings.txt · Last modified: 2018/03/14 14:20 by frescom
Page Tools
