ACCOUNT FOR PRESENCE OF A SUBSTANCE

The sole question under s.36 Criminal Justice and Public Order Act 1994 was whether a defendant accounted for the presence of a substance as put to him by an officer. The purpose of the provision was one of basic fairness, first the suspect should know the offence context in which the question was being asked and second that the reply cannot be used against him in a different prosecution. An officer did not have to specify the precise terms of the offence.

[2002] EWCA Crim 2835