A suspect interviewed under caution fails to mention a fact he later relies on at trial. What can a court do under section 34 of the Criminal Justice and Public Order Act 1994?

Answer and explanation

Correct answer: C. Draw such inferences as appear proper from the failure, if he could reasonably have been expected to mention the fact

  1. Step 1: Section 34 permits adverse inferences.
  2. Step 2: A conviction cannot rest solely on an inference from silence.
Answer
Draw such inferences as appear proper from the failure, if he could reasonably have been expected to mention the fact.
Why not the others: Silence alone cannot lead to conviction; evidence is not excluded; silence is not a confession.

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