58 Inferences from silence not permissible where no prior access to legal advice

Chapter VI
Restrictions on use of Evidence

Additional restrictions

58  Inferences from silence not permissible where no prior access to legal advice

(1)     Sections 34 and 36 to 38 of the Criminal Justice and Public Order Act 1994 (inferences from accused's silence) shall be amended as follows.

(2)     In section 34 (effect of accused's failure to mention facts when questioned or charged), after subsection (2) there shall be inserted—

“(2A)     Where the accused was at an authorised place

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