Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Defendant definition

What does Defendant mean? In legal practice, “defendant” describes the party against whom court proceedings are brought, whether a civil claim or a criminal charge. In England and Wales the term is defined in the Civil Procedure Rules (CPR 2.3) as a person against whom a claim is made; it is also used in the Criminal Procedure Rules. Northern Ireland follows similar usage. In Scotland, the civil counterpart is the “defender” (claimant is the pursuer), and in criminal cases the person is referred to as the “accused” (also the “panel” in solemn proceedings). In Ireland, civil procedure uses “defendant” under the Rules of...

Adverse inferences from a defendant’s silence at trial: CJPOA 1994 s35 requirements, exceptions, jury directions, and DVCVA 2004 special provision (England and Wales)

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Practice notes

What inferences can be drawn from failure to testify?

Inferences may arise where a Defendant:

after taking the oath, declines without proper reason to Answer a specific question or questions; or
elects not to give evidence at all.

Where either situation occurs, the court or jury, in deciding whether the accused is guilty, may draw such inferences as appear appropriate. Put simply, the tribunal of fACT can be asked to treat the defendant’s silence as supporting guilt.

When can an inference be drawn?

Before an inference can be drawn under the Criminal Justice and Public Order Act 1994 (CJPOA 1994), these requirements must be met:

the defendant fails to give evidence;
having been sworn, refuses to answer questions;
the failure to testify or respond is without ‘good cause’;
and the defendant has either:
- been warned by the court about the effect of not giving evidence; or
- indicated they would give evidence but then does not.

A warning about the consequences of failing to testify is mandatory. This is also reflected in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909...

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Web page updated on 21/05/2026

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