Term

what did R v Cowan establish and what are the give requirements before a jury can draw adverse inferences under s.35 CJPOA 1999

Definition

established 5-stage jury direction (1) burden of proof remains on the prosecution; (2) defendant has a common law right to silence (3) silent alone cannot prove guilt (4) prosecution must still establish a prima facie case (5) silence can only be 'sensibly attributed' to having no answer that could stand up to cross-examination

Term

what is the effect of Murray v UK 1996 on the right to silence

Definition

ECtHr held that drawing Adverse Inferences from silence is not per se incompatible with Art 6 --> key principle is that whether such inferences do infringe article 6 is s matter to be determined in the light of all circumstances - weight attached to silence

Term

what 6 conditions did Lord Bingham lay down in R v Argent before s.34

Definition

(1) must be charged in the criminal proceedings (2) failure to mention must have occurred before or on charge (3) failure to mention must have been under caution (4) the questioning must have been directed at the specific offence (5) failure to mention something later relied upon in their defence (6) failure to mention something they could reasonably have been expected to mention