Adverse Inferences

When the court or jury may draw a negative conclusion from a specific failure by the defendant to do something.

Where a defendant fails to mention any fact when questioned under caution, that they later relies on in their defence in those proceedings, a court or a jury can draw an adverse inference when deciding upon the guilt of the defendant.  This is usually where the defendant fails to answer questions in their police interview.

Where a defendant has failed to give evidence at trial, the court or jury can draw an adverse inference from the failure unless the physical or mental condition of the accused makes it undesirable for him to give evidence.