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Inferences from a defendant's failure to give evidence at trial (CJPOA 1994 ss.35 and 38(3))

Daniel Okafor is tried in the Crown Court in England for unlawful wounding. At the close of the prosecution case, his counsel tells the judge that Daniel will not give evidence. There is no suggestion that his physical or mental condition makes it undesirable for him to give evidence, and his guilt is in issue.

Which of the following best describes the position?

Choose one answer to see the reasoning.

  1. Criminal Practice · FLK2No. 28

    Adverse inferences from silence and access to legal advice (CJPOA 1994 s.34(2A))

    Which of the following best describes whether an adverse inference may be drawn under s.34 of the Criminal Justice and Public Order Act 1994?

  2. Criminal Practice · FLK2No. L082

    Inferences from failure to account for a substance: the special warning (CJPOA 1994 s.36)

    Which of the following best describes whether an inference may be drawn under s.36 of the Criminal Justice and Public Order Act 1994?

  3. Criminal Practice · FLK2No. L093

    Submission of no case to answer where the issue is a witness's reliability (R v Galbraith)

    How should the judge approach the submission?