Flashcards
Inferences S36
Cards in this deck (3)
- 1What is s36 about?It is about the defendant failing to account for objects, substances or marks, but wishes to use them as a defence later on.
(These are only objects, substances and marks which are found on the defendant). - 2Do they need to be given special warning of the circumstances for a adverse inference to be drawn?Yes, Code C at 10.10-10.11 states the special warning which should be given.
- 3What are the requirements for an adverse inference in s36?The officer has to reasonably believe that the presence of the object, substance or mark may be attributable to the participation of the person arrested whilst in commission of an offence specified to the defendant.
The officer also has to warn the possible consequences for not accounting for the object/mark/substance.
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- Law of Evidence (Inference) Flashcards on Inferences S36, created by James Dolton on 20/05/2018.
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- James Dolton
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