Adverse Inference in UK Law
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‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?
This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assist...... ... , the r emoval of the corroboration requirement, the r ejection of adverse inference provisions, and a change in the manner in which the appeal ... ...
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Ireland: Curtailment of the right to silence through statutory adverse inferences
In Ireland, the right to silence has been significantly impacted by the legislative introduction of adverse inference provisions. In specified circumstances, with varying threshold requirements, a ...... ... University, Ireland Abstract In Ireland, the right to silence has been signi fi cantly impacted by the legislative introduction of adverse inference provisions. In speci fi ed circumstances, with varying threshold requirements, a suspect ’ s failure to answer questions or provide information ... ...
- Is it Constitutionally Permissible to Infringe the Right to Remain Silent?
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The Evolution of the Defence Statement
... ... Keywords ... Disclosure; Procedure; Defence statement; Content; Adverse ... inference ... More than a decade after its initial implementation, ... ...
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Australia: Reform of Criminal Trial Procedure — The Limits of the Right to Silence
The report of the Working Group on Criminal Trial Procedure did not discuss the right to silence in any detail or arrive at any conclusion about it. There were, it appears, two reasons for this. Fi...... ... , namely, providing for a jury to be capable of drawing an adverse inference from a failure to disclose and for a defendant to be told that a ... ...
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Stating the Obvious: The Misuse of Defence Statements under the Criminal Procedure and Investigations Act 1996
... ... disadvantages arising from the court's power to draw adverse inference'? where the defence: The Police Journal, Volume 74 (2001) ... ...
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Criminal Justice and Public Order Act 1994, S. 34: Silence in Reliance on Legal Advice
... ... that they, the jury , could in appropriate circum- stances draw an adverse inference from the exercise of that right. The judge during the summing-up ... ...
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Adverse Inferences from Silence and Negligent Legal Advice
... ... The judge gave a standard warning in open court as to the possibility that the jury may draw an adverse inference from his failure to give evidence and, through counsel, he declined to do so. The appeal was brought on the basis that the information about the ... ...
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Sanctions for Silence—Constitutional Issues in South Africa: S v Thebus
... ... 5 4. Permitting an inference to be drawn from the accused’s failure to mention facts, when questioned ... Court considered the constitutionality of drawing an adverse inference from an accused’s failure to disclose an alibi prior to trial ... ...
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Legal Advice and Pre-Trial Silence—Unreasonable Developments
This article examines recent case law concerning the drawing of adverse inferences, pursuant to s. 34 of the Criminal Justice and Public Order Act 1994, from a suspect's failure to mention during p...... ... This article examines recent case law concerning the drawing of adverse inferences, pursuant to s. 34 of the Criminal Justice and Public Order Act ... should have been directed that it could only draw an adverse inference if satisfied that the applicants’ silence at the police interview could ... ...
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