Hearings
England & Wales
12 Oct 1995 [1996] QB 373; [1995] 3 WLR 818; [1995] 4 All ER 939; [1996] 1 Cr App R 1, CA
R v Cowan
Additional names
R v Gayle
R v Ricciardi
Subject Matter
CRIME — Evidence — Defendant's failure to give evidence — Right to silence — Appropriate direction to jury about inference to be drawn from silence — Whether guilt capable of proof solely by failure to testify or answer questions — Warning to jury against drawing adverse inference unless no other reasonable excuse for silence — Criminal Justice and Public Order Act 1994, s 35
Commentary
Blackstones Criminal Practice 2025
Failure of Accused to Testify - Failure to Testify Following the 1994 Act
F20.46
Failure of Accused to Testify - ‘Proper’ Inferences of Guilt - No Conviction Solely on Inference from s. 35 F20.53
Failure of Accused to Testify - ‘Proper’ Inferences of Guilt - Drawing an Inference: General Rule F20.54
Summing-up - Standard Directions - Failure to Answer Questions or Give Evidence D18.30