ADEQUATE REASON FOR FAILING TO ANSWER QUESTIONS

Where offenders had not answered questions in police interview on the advice of their solicitor, and the solicitor was not called to give evidence, then the trial judge had been entitled to have directed the jury’s attention to the reasonableness or otherwise of the appellants acting upon the advice which they had received. The question for the jury was not whether the advice given was good advice but whether it provided an adequate reason for failing to answer questions.

[2001] EWCA Crim 863