Owusu-Bempah, Abenaa ORCID: 0000-0001-6674-0018
(2014)
Silence in suspicious circumstances.
Criminal Law Review, 2014 (2).
pp. 126-135.
ISSN 0011-135X
Abstract
Analyses the Criminal Justice and Public Order Act 1994 ss.36 and 37 that permit adverse inferences to be drawn from a defendant's failure to account for suspicious objects, substances and marks or his or her suspicious presence at a location when questioned by police. Considers: (1) the meaning of "account for" in this context; (2) the circumstances when an adverse inference direction may be made under ss.36 or 37; (3) the implications of their lack of a reasonableness requirement; and (4) the relationship between ss.36 and 37 and the defendant's access to legal advice.
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