Drawing inferences from silence

Which provisions of CJPOA are relevant here?

**.34-9

1 of 5

Upon what assumptions are these relevant CJPOA provisions based?

A suspect should cooperate with investigating authorities - failure to do so is suspicious

2 of 5

If assumption is that suspects should cooperate with authorities, should prepared statements given after interview with police cause an issue?

No (yet they still fall outside scope of statute, and so suspect will still be seen to have remained silent in interview)

3 of 5

What is the aim behind these provisions?

Stop professional criminals getting away with crimes

4 of 5

What does McGarry say about situation where provisions don't apply?

Right to silence survives and TJ should issue positive direction to jury instructing them not to draw adverse inferences from silence

5 of 5

Other cards in this set

A suspect should cooperate with investigating authorities - failure to do so is suspicious

Upon what assumptions are these relevant CJPOA provisions based?

No (yet they still fall outside scope of statute, and so suspect will still be seen to have remained silent in interview)

Stop professional criminals getting away with crimes

Right to silence survives and TJ should issue positive direction to jury instructing them not to draw adverse inferences from silence

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