ABSTRACT
Section 35 requires the defendant to be warned that adverse inferences may be drawn from his silence unless he (or his barrister) has informed the court that he will give evidence. The details of what the judge should say are set out in Practice Direction (Crown Court: Defendant’s Evidence) [1995] 1 WLR 657 and are as follows: • If the defendant is represented but his lawyer has not indicated that the
defendant will be giving evidence, the judge should ask the lawyer (in the presence of the jury): ‘Have you advised your client that the stage has now been reached at which he may give evidence and, if he chooses not to do so or, having been sworn, without good cause refuses to answer any question, the jury may draw such inferences as appear proper from his failure to do so?’
