Laws Regarding Adverse Inferences

Updated on Monday 19th November 2018

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According to the Criminal Justice and Public Order Act 1994 in the UK, the court needs to determine if the charged individual is guilty or not and has the power of drawing suitable inferences from evidence of silence in particular conditions. Our criminal defence solicitors in London can provide you with comprehensive information about the adverse inferences which can be pejorative in a court of law in the UK.

What you need to know about the adverse inferences

For instance, in a case of evidence destruction, where the adverse inference is given, the litigation might be difficult to considered. The court of law in the UK will conclude that the adverse inference instruction will be a risky consent that must not be easily given.  One should know that the adverse inference is founded on the supposition that the party who operates the evidence would have produced it, also available circumstance for a witness which is not identified yet. 

The right to silence was introduced in 1994 in the UK rules and regulations, where the entire court of law, including the jury, was permitted to obtain the adverse inference from this kind of right. We remind that you can receive complete assistance in the court of law from our criminal defence solicitors in London.

Conditions to draw the adverse inferences in the UK court of law

There are particular conditions to consider when drawing the adverse inferences and we remind the following:

•    the failure to answer the questions intervened before the offender was accused of certain criminal offences in the UK;
•    proceedings against an individual were made for a criminal offence;
•    the failure of the offender to correctly answer the questions which helped discover if the alleged offence was committed. 

The European Convention on Human Rights protects the right to silence. While there is no specific rules about the right to remain silent, it has been held to be part of the generally recognized international standard of justice, according to the convention mentioned above.

Please feel free to contact our team of criminal defence solicitors in London for additional information about the laws regarding the adverse inferences.