Adverse inferences from pre-charge silence: failure to mention facts in interview or on charge under CJPOA 1994 s 34—scope, conditions, legal advice, privilege and directions (England and Wales)
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Practice notes
Under the Criminal Justice and Public Order Act 1994 (CJPOA 1994), a court may draw adverse inferences if a defendant relies on facts for their defence that were not stated when interviewed under caution at the time, whether during formal questioning or at the charge stage. For further guidance on interviews conducted in accordance with the Police and Criminal Evidence Act 1984 (PACE 1984), see the Practice Note: Interview under caution.
What is an adverse inference?
When addressing the jury, a judge must specify any particular matters the prosecution allege the defendant failed to mention, thereby alerting the jury to any inference or inferences they are invited to draw from that omission. CJPOA 1994, s 34 provides that a court may draw such inferences ‘as appear proper’ from a failure to mention facts later relied on at trial when determining whether to dismiss a charge, whether there is a case to answer and, most frequently, whether the defendant is guilty...
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Web page updated on 21/05/2026
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