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Recent Judicial Decisions

Document Cited in Related
DOI10.1177/0032258X6003300207
Published date01 April 1960
Date01 April 1960
Reeent
Judieial
Deeisions
THE
ACCUSED'S SILENCE AFTER CAUTION
R. v. Davis
WHEN ARRESTED AND CAUTIONED theaccused may makeno reply
orsimply say, asdidthe appellantinR. v. Davis (43 Cr.
App.
R.
215),
"I
amsaying nothing."Thecautionadministered in
accordance with theJudges' Rulesdoes, of course,tell him that he
is notboundtosay anything. Yet in summing-upto thejury trial
judges aresometimes temptedtomakepointedcommentsonthe
fact thattheaccused made noreply denying thecharge.
If
this
happens the conviction maybe quashed by theCourt ofCriminal
Appeal, as itwas in
R.
v. Davis.
The appellant had been arrested by the policeon charges of
store-breaking andlarceny and dulycautioned. Thedeputy-
chairman of quarter sessions observedinhis summing-up, "Can
you imagine aninnocent manwho had behavedlike thatnot saying
something to the police in thecourse of the evening or the next day,
or even alittletimeafterwards?Hesaid nothing."This washeld
to amount toa misdirection of the jury and the appealagainst
conviction was allowed. TheCourtofCriminal Appealsaid:"The
expression 'Canyou imagine aninnocentman doingthis?' is not
a mere comment onthe fact that perhaps itwas unfortunate he did
not give ananswer, butisreally saying 'Do you as a jury of
people ofcommonsense reallythinkthatamancanbe innocent
if he makes noreply inthosecircumstances?'Theaccused is
quite entitled to say nothing when he is chargedand it is not tobe
made a point against him atthe trial."
"COSTS AGAINST
THE
POLICE"
R.
v. Sansbury
"I
DO NOT LIKETHEPHRASE 'costs againstthe police.' The order
that I propose to make is that the costs ofthe defence, just like the
costs ofthe police, shouldbepaidout oflocal
funds."
Mr. Justice
(now LordJustice) Devlin madethisremark afterallowing the
defendanthis costs afterhis acquittalatSomerset assizes on a
chargeof dangerousdriving (1959, 1W.L.R.
1091).
The judge
explained that thepolice werenot toberegarded asarbiters
at
quasi-judges indeciding whether toprosecute ornotand thatthere-
forethe orderwhich he wasmaking forthe paymentofcostsdid
108
April-June
1960

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