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Cover The Modern Law of Evidence

16. Adverse inferences from an accused’s silence or conduct  

This chapter discusses the adverse inferences that may be drawn against an accused from: his failure to testify; his failure, when questioned or charged, to mention facts which he could reasonably have been expected to have mentioned at that time and which he later relies on in his defence at trial; his failure or refusal, on arrest, to account for any object, substance, or mark that the police reasonably believe may be attributable to his participation in the commission of an offence; his refusal to consent to the taking of an intimate sample, such as a sample of blood, semen, or urine; and his failure to provide advance disclosure of the defence case, the nature of his defence, or the facts on which he takes issue with the prosecution.


Cover Murphy on Evidence

13. The rule against hearsay IV  

The accused’s denials and silence

The rules applicable to confessions are not necessarily applicable to all statements made by a suspect when confronted with his suspected involvement in an offence, because not all such statements are even partly inculpatory. Two situations are of particular importance: those in which the accused denies the allegations put to him, and those in which he remains silent in the face of the allegations. This chapter discusses the following: the accused’s denials; the accused’s silence at common law; the accused’s failure to mention facts when questioned or charged; the accused’s failure to account for objects, substances, or marks; and the accused’s failure to account for their presence at the scene of the offence.


Cover Evidence

5. Witnesses’ previous consistent statements and the remnants of the rule against narrative  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the rule against narrative that excludes evidence of previous consistent statements; the five exceptions to the rule against narrative, comprising victims’ complaints, rebuttal of suggestions of concoction or afterthought, res gestae, statements identifying or describing a person, object, or place, and statements supplementing deficiencies in witnesses’ memory; evidence of distress; the eventual introduction of evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137); statements made by the accused when first taxed with incriminating facts; and statements made by the accused when incriminating articles are recovered.