Criminal Litigation - LPC
R v Paris, Abdullai & Miller (Cardiff Three)
Cardiff Three - Court of appeal critized the legal representative for NOT intervening during
police interview when their client was persistently bullied, sworn and shouted at and
threatened.
R v Roble
Cannot draw adverse inference where there has been so little disclosure that the solicitor
cannot usefully advise the suspect
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R v Howell
Absence of a written statement from the complainant is not necessarily a good reason for
silence - providing adequate oral disclosure of the complaint had been given,
R v Argent
Court must give consideration (before drawing any adverse inference to a D's silence) to
Factors
Age / Experience / Mental Capacity / State of Health / Sobriety / Tiredness
R v Knight
Prepared statement - drafting of a prepared statement can itself cause problems as
inferences can and will still be drawn.
R v Hoare
Defendant cannot use reliance on legal advice to avoid an adverse inference being drawn.
The reason for relying on that legal advice must be genuine.
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