“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence"
Could someone please explain how not mentioning something to the police but possibly mentioning it to your legal team would harm a defence in court.
If a defendant suddenly came up with an alibi during a trial, presumably the claimed alibi wouldn’t be taken into account, as the police haven’t been able to check it out.
Isn’t that what the Padded Cell is all about.
Rest assured guys, I’m not in front of the beak, it’s just something that I have never been able to make sense of.
Surely its the polices job to prove their case, to gather evidence etc etc. Why would or should you wish to help them in the prosecution of you?
What happened to the right to silence?
Adverse inferences may be drawn in certain circumstances where before or on being charged, the accused:
fails to mention any fact which he later relies upon and which in the circumstances at the time the accused could reasonably be expected to mention;
fails to give evidence at trial or answer any question;
fails to account on arrest for objects, substances or marks on his person, clothing or footwear, in his possession, or in the place where he is arrested; or
fails to account on arrest for his presence at a place.
Where inferences may be drawn from silence, the court must direct the jury as to the limits to the inferences which may properly be drawn from silence. There may be no conviction based wholly on silence.”
I was interviewed under caution once. Unfortunately I’d had half a bottle of wine when the police officer knocked on the door and I thought it was a joke. Saying ‘ok, you’ve got me banged to rights’ was not the best idea. Luckily our eccentric cat then walked in and defused the situation. I got a serious ticking off and the police officer went home for her dinner.
From what I have been able to find out, the current statement / caution has been in place since 2003. I have not been able to find any reference to amendments or changes since then.