Legal News

Failure to give evidence and the drawing of adverse inferences

Published on: 24 April 2013

Table of contents

  • Original news
  • What were the particular challenges in this case?
  • Under what circumstances can a defendant challenge a direction of adverse inference for failing to give evidence?
  • What guidance does this case give in relation to adequate and effective participation of defendants in the trial process?
  • What practical tips can you offer lawyers whose clients suffer from learning difficulties?

Article summary

Crime analysis: When might a defendant successfully challenge a judge’s direction to draw adverse inferences from a failure to give evidence at trial? Following an unsuccessful appeal against a murder conviction on this issue where the defendant had mental conditions and learning difficulties, Claire Hegarty of Kingsley Napley comments on the ruling

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