What is an adverse inference?

An inference a court or jury may draw under section 34 CJPOA 1994 from failure to mention facts when questioned under caution, where you later rely on those facts in defence.

Adverse Inference Kent — Police Interview Guide

Introduction

If you answered "no comment" at a Kent police station and later rely on facts in your defence at court, the prosecution may invite the jury to draw an adverse inference under section 34 of the Criminal Justice and Public Order Act 1994. Understanding this before interview helps you make an informed decision with your solicitor.

Full guide: adverse inference explained.

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Adverse inference and silence in police interview — Kent guide

Key takeaways

Section 34 CJPOA 1994 governs inferences from failure to mention facts when questioned under caution.
Inferences are not automatic — the court directs the jury and considers what was reasonable.
A prepared statement may mention key facts while you stay silent on questions.
Always get legal advice before interview at Kent custody or voluntary stations.

How section 34 works in practice

The prosecution must satisfy the statutory conditions before a jury can be invited to draw inferences. CPS guidance on adverse inference explains the direction given to juries. Your solicitor assesses risk based on disclosure and your account.

Link to no comment strategy

See no comment interview Kent and full no comment guide.

Related guides

Conclusion

This article is general information for people attending Kent police stations. For advice about your own case, speak to a qualified solicitor before interview.

Sources

General information only — not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Statutory references and Code C paragraphs are summarised for readability; refer to the official published versions linked above.

Adverse Inference in Kent Police Interviews: What Silence Can Mean at Court