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Where
Where he or
defence witness, testifies as
to the fact or even where it is
revealed by a prosecution
witness
Requirment no. 1 above applies eg:
Exclusionary discretion The trial judge retains a
discretion to prevent the drawing of an inference
under s. 34 (s. 38(6)). This may be followed where,
for e.g.
The accuseds silence follows an unlawful arrest or
breach of PACE or the Codes of Practice (R v Pointer
(1997) or the prejudicial effect of the evidence
outweighs its probative value (R v Argent). Thus
evidence of a no comment interview might properly
be excluded under s. 78 of PACE in these situation.
Remaining
What
If
Thus
Where
Adverse
The
Previous
The
FAILURE