PACE C Annex C

PACE C Annex C

1. Restriction on drawing adverse inferences from silence and terms of the caution when the restriction applies

2. (a) the restriction on drawing adverse inferences from silence

   • 1. conditions under which
     • adverse inferences may be drawn
       • from a person's failure or refusal to say anything
         • about their involvement in the offence
           • when interveiwed
           • after being charged
             • These provisions are subject
               • to an overriding restriction on the ability of a
                 • Court
                 • Jury
                   • to draw adverse inferences from a person's silence
                     • This restriction applies:
                       • (a) to and DP at a police station
                         • before being
                           • interviewed
                           • charged
                           • NIP
                         • had
                           • (i) asked for legal advice;
                           • (ii) not been allowed an opportunity
                             • to consult with a solicitor;
                               • applies
                                 • DP who has asked for a solicitor
                                   • interviewed before speaking to a solicitor
                               • not applies
                                 • DP declines duty solicitor
                           • (iii) not changed their mind about wanting legal advice
                       • (b) to any person
                         • Charged
                         • NIE
                           • who
                             • (i) has had brought to their notice
                               • statement
                               • interview
                                 • of another
                                   • relating to that offence
                             • (ii) is interviewed about that offence;
                             • (iii) makes a written statement about that offence
           • told they may be prosecuted

3. (b) Terms of the caution when the restriction applies

   • 2. When a requirment to caution arises
     • at a time when the restriction of drawing adverse inferences from silence applies
       • the caution shall be
         • "You do not have to say anything, but anything you do say may be given in evidence"
   • 3. Whenever the restiction either
     • begins
     • ceases
       • to apply
         • after a caution has already been given
           • the person shall be re-cautioned in the appropriate terms
             • The changed position on drawing inferences
               • &
                 • that the previous caution no longer applies
                   • shall also be explained to the DP
                     • in ordinary language