PHYSICS 102 Lecture Notes - Lecture 8: Adverse Inference, Judicial College, Criminal Law Revision Committee
Document Summary
Intro: there are personal issues with this: Academics, law commission reports etc suggested this. That too many people were abusing the right to silence. Law changed where if the accused/apprehended person stayed silent, this means they could be guilty essentially. Want to introduce expert evidence, needs permission of all parties: criminal justice act 1987. Fraud cases, if they chop and change their statement judge can make comments. Just on this alone, you cannot convict someone (supposedly hasn"t happened yet!) The government knew that it wouldn"t make much of a difference wouldn"t result in a higher conviction rate. What it also means privilege against self-incrimination. Failure to testify: section 35 of cjpoa "94 act. This is the point where the judge will instruct that questions will be exchanged now and asked if the lawyer has advised their client that they will need to answer some questions.
