ECON-1006EL Study Guide - Quiz Guide: Criminal Law Revision Committee, Criminal Appeal Reports

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Circumstances in which section 34 direction is not appropriate: brizzalari v r (2004) The judge has to give regard to section 34 and a lucas direction if the person has lied to the court then the judge has to give direction to the jury that they have lied. The judge will select one or the other, court of appeal suggests that there is a problem where section 35 was directed to the positive defence of no comment, Failure to testify: section 35 of cjpoa "94 act. This is the point where the judge will instruct that questions will be exchanged now and asked if the lawyer has advised their client that they will need to answer some questions. From this if there is a large amount of evidence to suggest, then the jury should draw adverse inferences: condron v united kingdom (2001) 31 ehrr 1.

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