**.35-6

?
In which case were s.36(1)(c) + (d) correctly used?
Compton
1 of 9
What happened in Compton?
Lots of money was found in D's safe - D provided a "bare statement" saying money came from his legal antiques business, but this didn't account for it all (drug money)
2 of 9
Should the judge use certain words in a trial by indictment to find out if D is aware it is time to provide evidence?
Yes (Criminal Practice Directions 2013)
3 of 9
Did Tabbakh say there was a wide or narrow discretion in s.35(1)(b)?
Wide
4 of 9
Must there be an adverse impact on health/condition for s.35(1)(b) to be fulfilled?
No (Dixon (Jordan))
5 of 9
What was wrong with D in Barry? Was a direction given under s.35(1)(b)?
D said he suffered from delusions/was bordering on insanity --> but no direction given
6 of 9
What type of direction is to be given under s.35?
Cowan direction
7 of 9
What are the 3 parts to an enquiry required for a Cowan direction?
(1) has D got a case to meet, (2) should any inference be drawn from D's failure to testify, (3) if D provided answers to P's evidence why wouldn't he testify to make it known to jury?
8 of 9
Which case stated that judge shouldn't direct jury that D has a compelling reason for not testifing? why?
Becouarn (because it would unfairly privilege Ds with prior convictions)
9 of 9

Other cards in this set

Card 2

Front

Lots of money was found in D's safe - D provided a "bare statement" saying money came from his legal antiques business, but this didn't account for it all (drug money)

Back

What happened in Compton?

Card 3

Front

Yes (Criminal Practice Directions 2013)

Back

Preview of the back of card 3

Card 4

Front

Wide

Back

Preview of the back of card 4

Card 5

Front

No (Dixon (Jordan))

Back

Preview of the back of card 5
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