City Research Online

Silence in Suspicious Circumstances

Owusu-Bempah, A. (2014). Silence in Suspicious Circumstances. Criminal Law Review, 2014(2), pp. 126-135.

Abstract

Analyses the Criminal Justice and Public Order Act 1994 ss.36 and 37 that permit adverse inferences to be drawn from a defendant's failure to account for suspicious objects, substances and marks or his or her suspicious presence at a location when questioned by police. Considers: (1) the meaning of "account for" in this context; (2) the circumstances when an adverse inference direction may be made under ss.36 or 37; (3) the implications of their lack of a reasonableness requirement; and (4) the relationship between ss.36 and 37 and the defendant's access to legal advice.

Publication Type: Article
Additional Information: Owusu-Bempah, A., Silence in Suspicious Circumstances, Criminal Law Review, 2014, Sweet and Mazwell, reproduced with permission of THOMSON REUTERS (PROFESSIONAL) UK LIMITED. This extract is taken from the author's original manuscript and has not been edited. The definitive, published, version of record is available here: http://login.westlaw.co.uk/maf/wluk/app/document?&srguid=ia744d0640000015084a4d1b151544139&docguid=I4A0A2D207D0B11E3A87C81DCDD5FC572&hitguid=I4A0A2D207D0B11E3A87C81DCDD5FC572&rank=1&spos=1&epos=1&td=1&crumb-action=append&context=10&resolvein=true
Subjects: K Law
Departments: The City Law School
URI: http://openaccess.city.ac.uk/id/eprint/12631
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