Adverse Inferences - A Bitesized Update for Police Station Advisors

Introduction

This short webinar is aimed at those advising at the police station stage and will deal not only with adverse inferences at the police station, but also give an insight into how the Court of Appeal regard inferences - 3 Court of Appeal decisions will be mentioned.

It is important that all police station advisers understand when and how adverse inferences come into play at court.

What You Will Learn

This webinar will cover the following:

• The circumstances in which adverse inferences may be requested by counsel for the co-accused - the 2023 Court of Appeal decision of R v Marsden
• The nature of the questioning that has to take place during the interview in order that the Court or jury may consider the drawing of adverse inferences - the 2022 Court of Appeal decision of Harewood and Rehman
• How the court is to approach the position where the Crown does not seek adverse inferences - the 2023 Court of Appeal decision of R v RT
• Appreciating the important differences between inferences being drawn under Section 34 of the Criminal Justice and Public Order Act 1994 and inferences being drawn under Sections 36 and 37 of the same Act
• Possible adverse inferences from silence at charge
• Dealing with the issue of possible adverse inferences by a pre-prepared statement read out during the currency of the interview or at charge
• The role that adverse inferences play at trial
• The defendant giving evidence during the trial as to why he/she chose to have a ‘no comment’ interview at the police station stage
• The legal position where the ‘no comment’ interview was as a result of specific legal advice given by the adviser at the police station stage
• The role that adverse inferences may or may not play in a Newton hearing
• A reminder not to lose sight of the ‘forest of evidence’ and to keep the ‘sapling’ of the adverse inference in a proper perspective
• Clients who want to be mute during their interviews

This webinar was recorded on 2nd September 2024

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