Statutory Inferences

Where a person is arrested for an offence, and there is on them or on their clothing, footwear, or otherwise in their possession, or in any place in which they are at the time of their arrest, any object, substance, or mark, or there is any mark on any object, and that or another constable investigating reasonably believes that the presence of the object, substance, or mark may be attributable to the participation of the person arrested in the specified offence, and the constable informs the person that they so believe and request them to account for the presence of the object, substance, or mark, and the person refuses to do so, then the following applies:

In determining whether the accused should be committed for trial or whether they have a case to answer, and the court or jury in determining their guilt, may draw such inferences from the failure or refusal as appear proper. The above provisions apply to the condition of clothing or footwear as they apply to a substance or mark. The provisions also apply to officers of customs and excise.

These provisions do not apply unless the accused was told in ordinary language by the constable, when making the request, what the effect of the article would be if they failed or refused to comply with the request.

Where the accused was at an authorised place of detention at the time of the failure or refusal, these provisions do not apply unless they have been allowed an opportunity to consult a solicitor prior to the request being made.

This provision does not preclude the drawing of any inference from a failure to account for the presence of an object, substance, or mark or from the condition of clothing or footwear, which could be properly drawn otherwise.

Where a person arrested by a constable was found by them at a place at or about the time the offence for which they were arrested or is alleged to have been committed, and that or another constable reasonably believes that the presence of the person at that place and at that time may be attributable to their participation in the commission of the offence, and the constable informs the person that they so believe and requests them to account for their presence, and the person refuses to do so, then the following provisions will apply:

In determining whether the person should be committed, whether there is a case to answer, and whether they should be convicted, the court or jury may draw such inferences from the failure or refusal as appear proper. This does not preclude drawing inferences under any other legislation where possible.

The above provisions do not apply where the accused’s failure to mention particular facts, refusal to account for objects, marks, etc., or refusal to account for their presence unless they had the opportunity to consult a solicitor. This applies where the accused was at an authorised place of detention, being a police station or other as prescribed.

Former restrictions and the admissibility of computer records, subject to conditions regarding the proper use and operation of the computer, were terminated in 1999.