Adverse inference

A conclusion a court or jury may draw against you because you stayed silent or did not explain something when you had the chance.

An adverse inference is a conclusion that a court or jury may be allowed to draw against a defendant because of their silence. Under the Criminal Justice and Public Order Act 1994, it can arise where you did not mention, when questioned under caution or charged, a fact you later rely on in your defence (section 34); did not give evidence at your trial (section 35); or, after arrest, did not account for objects, substances or marks, or for your presence at a place, when asked (sections 36 and 37). No inference can be drawn under sections 34, 36 or 37 from silence at a police station if you had not been allowed to consult a solicitor. You cannot be convicted on an inference alone (section 38). Judges must direct juries carefully on when an inference is fair, and magistrates apply the same rules.

Checked as at 25 September 2026. General information only, not legal advice.