“You do not have to say anything…” – the familiar police caution opens this episode, but Colin Beaumont and Clive Smith unpack what those words really mean in practice, and how adverse inferences can transform the course of a trial.

From the erosion of the absolute right to silence since the Criminal Justice and Public Order Act 1994, through to pre-prepared statements, special warnings, and defence statements, this episode traces the piecemeal development of the erosion of the absolute right to silence and its impact on everyday practice.

The discussion covers the police station interview, where decisions about silence, admissions, or prepared statements can later affect jury perceptions. It moves through the special warning provisions of sections 36 and 37 (objects, substances, marks and presence at the scene), and examines the strategic dilemmas around intimate samples, non-intimate samples, x-rays, and ultrasounds. Colin and Clive highlight key authorities including Knight, Harewood & Raymond, Green, and Hackett, showing how context and judicial discretion shape the drawing of inferences.

They also explore the Crown Court stage under section 35: when a defendant chooses not to testify, how endorsements and practice directions safeguard fairness, and whether “double inferences” are permissible (Chenier). The conversation rounds off with analysis of adverse inferences from failure to serve defence statements and failure to notify witnesses under CPIA provisions, with practical insights for defence practitioners operating at the coalface.

In short, this episode considers the balance between a suspect’s right to silence and the court’s ability to draw adverse inferences, illustrating how both statutory framework and case law have reshaped trial advocacy.

For more information or to book a place on a forthcoming course, please visit:

legal-eagle-training.com.

Referenced Information:

1. Samples at the Police Station

Adverse inferences may be drawn at trial against a defendant who fails, without reasonable cause, to provide intimate samples – see Section 62 (10) of the Police and Criminal Evidence Act 1984

Adverse inferences may be drawn at trial against a defendant who fails, without reasonable cause, to undergo an x-ray or ultrasound scan – see Section 55A (9) of the Police and Criminal Evidence Act 1984

2. Criminal Justice and Public Order Act 1994

Section 34 – Failure to mention when questioned

R v Harewood & Rehman [2021] EWCA Crim 1936

Section 35 – Failure to give evidence

Physical or mental condition makes it undesirable…

Double inferences? R v Chenia [2002] EWCA Crim 2345

Adverse inference or lies direction – R v Hackett [2011] EWCA Crim 380

Section 36 – Failure to account for objects, substances or...

With significant changes proposed to the way judges and magistrates calculate credit for guilty pleas, this episode examines current practice, Court of Appeal guidance and potential reforms, with the practical realities faced by those advising clients at the coal face.

Retired solicitor (now barrister - non practising) Colin Beaumont and barrister Clive Smith explore the Sentencing Council’s Reduction in Sentence for a Guilty Plea guidelines, the key Court of Appeal judgments shaping current practice, and the impact of the Leveson Review’s recommendations. They tackle the nuances of “indicating willingness” to plead guilty, the effect of minimum sentence provisions, and the interplay between starting points and credit in both adult and youth cases.

The conversation also delves into strategic considerations: when a timely indication can mean the difference between custody and a community order, why the cases of Plaku, Hodgin, and Caley are essential reading for advocates, and how police station advice can influence sentencing outcomes months later. The hosts address the “perverse incentive” created by fee structures, discuss how credit can still be argued for late pleas that save significant court time, and highlight judicial flexibility in today’s backlogged system.

Closing with a look at the broader policy aims — encouraging genuine early pleas while safeguarding against wrongful admissions — this episode is an indispensable guide to understanding the subtleties of guilty plea credit and its application in practice.

LINKS:

The Leveson Review:

https://assets.publishing.service.gov.uk/media/686be85d81dd8f70f5de3c1f/35.49_MOJ_Ind_Review_Criminal_Courts_v8b_FINAL_WEB.pdf

Sentencing Council - June 2017 – 'Reduction in sentence for a guilty plea'

https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/reduction-in-sentence-for-a-guilty-plea-first-hearing-on-or-after-1-june-2017/

Section 73 of the Sentencing Act 2020

https://www.legislation.gov.uk/ukpga/2020/17/section/73

R v Caley and Others [2012] EWCA Crim 2821

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2012/2821.html&query=(caley)+AND+(2012)

R v Plaku, Plaku, Bourdon & Smith (2021) EWCA Crim 424

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2021/568.html&query=(plaku)

Rex v Derie [2024] EWCA Crim 1337

https://www.bailii.org/ew/cases/EWCA/Crim/2024/1337.html

(The Court of Appeal considering the appropriate percentage reduction to reflect the age of the offender at the time of the commission date of the offence and also considering whether or not greater credit should have been given for the...

With a staggering backlog of over 75,000 cases, this episode explores findings of the recently published Leveson Report - an Independent Review of the Criminal Courts.

From the necessity of increased funding to the implications of reclassifying offences, this episode is a comprehensive analysis that will leave you more informed about the current plans for change. Whilst we will have to wait to see what legislation the Government brings forward, the Review gives an excellent insight into where thinking may be going.

Hear about the intricacies of the Independent Review carried out by the former President of the Queen’s Bench Division, Court of Appeal Judge and Head of Criminal Justice, Sir Brian Leveson. We discuss the pros and cons of a new cautioning regime aimed at easing court burdens, explore how realigning legal structures with youth diversion tactics could foster restorative justice, the potential for legislative amendments, such as reclassifying either-way offences and the impact on hard-pressed legal aid firms, highlighting the need for systemic reform.

With ideas around structural reforms aimed at optimising courtroom efficiency - from innovative uses of magistrates' courtrooms to revisiting appeal rights - all to ensure a fairer, more effective justice system, this episode considers the challenges to status quo and spotlights the potential future of criminal justice reform. Most importantly, it deals with the challenge to the right to trial by jury, a right held dear by so many.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com.

Review:

https://assets.publishing.service.gov.uk/media/67c583a868a61757838d2196/independent-sentencing-review-part-1-report.pdf

Could the notion of a "digital strip search" in sexual offence cases be more myth than reality? In this episode, we tackle the intricacies of digital disclosure, focusing on how unused material can tip the scales of justice. With technology, social media, and AI revolutionising the legal landscape, we dissect the nuances of the Criminal Procedure and Investigations Act 1996 and its impact on both prosecution and defence strategies. From the misunderstood dynamics of rape cases to the role of digital evidence, we unpack the layers of complexity surrounding these sensitive topics.

A deep dive into cases like McPartland and Grant unveils the challenges of accessing potential digital evidence and the shadow of heightened judicial scrutiny. We explore the principles set by the judiciary to balance necessity and privacy, and consider how these guidelines affect the pursuit of digital evidence. We also discuss the evolving court processes, which are shifting towards an inquisitorial approach to streamline proceedings and uphold fair trial standards, even amidst complex digital investigations.

The episode also sheds light on ethical considerations and recent procedural updates that promise transparency in prosecutorial decisions. Hear about the importance of the Victim's Right of Review which has been extended and is currently being run in pilot form in the West Midlands. If successful, this has the potential to see more perpetrators brought to justice and victims feeling more involved in the outcome of a prosecution.

With practical insights into the evolving nature of criminal proceedings, we aim to provide clarity and assurance to both legal professionals and those navigating the court system. Digital disclosure is not just about the evidence, but the ethical pathways that lead to justice.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com.

Documents and references in the podcast can be found here:

R v Bater-James [2020] EWCA Crim 790

https://www.bailii.org/ew/cases/EWCA/Crim/2020/790.html

Attorney General’s Guidelines on Disclosure - 2024

https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure

Extraction of Information from electronic devices: code of practice

https://assets.publishing.service.gov.uk/media/634810a38fa8f53463dcb957/E02802691_Electronic_Devices_Code_of_Practice_WEB.pdf

Radio 4 - Women’s Hour – Interview with Max Hill QC – then DPP

https://www.bbc.co.uk/sounds/play/m000x1fh

Extension of Victims Right to Review

Crown Prosecution Service Website:

https://www.cps.gov.uk/west-midlands/news/survivors-rape-and-serious-sexual-assault-given-right-have-dropped-cases

In the latest episode of the podcast we highlight criminal cases over the last 12 months from the King’s Bench Division, and their implications for legal practitioners.

Our first case is a 2024 legal decision involving identification evidence in a case with a young man at a petrol station. We scrutinise the police officer's evidence, the timing of note-taking, and the absence of an identification parade, all of which underscore the procedural nuances that can influence case outcomes.

Grier v DPP [2024] EWHC 1493 (Admin)

We follow that with a critical examination of bail, spotlighting a judicial review at Croydon Crown Court. Hear about the significant changes introduced by the Criminal Justice Act 2003, including the limited avenues for defendants to appeal bail decisions. Referencing Article 5 of the European Convention on Human Rights, we share insights from a compelling case involving alleged forced marriage and assault, unraveling the intricacies of pre-recorded cross-examinations and the trial judge's reasoning in bail applications.

W, X, Y, Z v Croydon Crown Court [2024] EWHC 3373 (Admin)

We also unpack the interpretation of zombie knife legislation through the 2024 case of Thompson v CPS.

Thompson v CPS [2024] EWHC 470 (Admin)

We then turn to the issue of res gestae evidence in domestic abuse cases involving absent witnesses. The case of Barton was originally stayed as an abuse of process. Hear what the Divisional Court had to say about that decision.

DPP v Barton [2024] EWHC 1350 (Admin)

We then move to appeals to the Crown Court from the Magistrates’ Court, after a direction to convict from the Divisional Court:

Cuciurean v CPS [2024] EWHC 848 (Admin)

This episode culminates with an analysis of the challenge of removing police cautions, illustrated by Mr. Puri's story.

Puri v CC of Thames Valley Police [2024] EWHC 160 (Admin)

A Regal Review - Cases from the King’s Bench Division - will be a regular feature of the podcast as we shine a light on intricacies, essential preparation and potential pitfalls legal practitioners must navigate in today's judicial landscape.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com

What if the laws meant to keep our roads safe are actually criminalising responsible drivers?

Join us as we navigate the intricate world of alcohol and drug-related driving laws, dissecting the history and implications of the Road Traffic Act of 1988 and the pivotal introduction of Section 5A in 2015. This episode questions whether the rigid legal standards genuinely serve public safety or if they unjustly label drivers without evident impairment. We also explore the societal and legal frameworks that shape our understanding of impaired driving today.

Navigating the legal labyrinth of drug driving offences is no small feat - especially for lawyers tasked with representing affected clients. The strict liability nature of these laws often leaves individuals with limited choices, as exceeding legal drug limits usually results in a guilty plea. Our discussion highlights the challenges posed by the absence of early release schemes for drug offences and the impact of the 2023 Sentencing Council guidelines, which aim to provide a clearer path for magistrates and judges. We underscore the profound consequences these frameworks have on individuals' lives, emphasising the need for informed awareness and understanding.

Finally, we turn the spotlight on the medical defences available under Section 5A, illustrating how defendants can challenge the prosecution when evidence is presented. We share anecdotes about the realities of roadside testing and the legal complexities surrounding refusals, such as needle phobias and religious beliefs, which can sometimes offer a "reasonable excuse."

Featuring the usual anecdotes and expert insights, this episode explores the challenges and controversies surrounding roadside testing and legal defences, underscoring the justice system's ultimate goal - to deter dangerous driving and protect public safety.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com

Can you imagine a world where a 30-month prison sentence results in only six months served?

In the inaugural episode of The Legal Eagle Training podcast we explore the England & Wales sentencing structure. We'll dissect how the upcoming changes to early release policies and the home detention curfew scheme will reshape the way sentences are served, amidst the pressing issue of overcrowded prisons. From the abolition of the four-year rule to the effects of the Offender Rehabilitation Act of 2014, this episode provides a comprehensive look at how serving sentence requirements have evolved, especially for those convicted of serious crimes.

We also analyse the impact of the Police, Crime, Sentencing and Courts Act of 2022, which has profoundly altered the time served for various offenders. Highlighting the stark disparities in sentencing outcomes between adult offenders and youths, and the stringent new rules for those convicted of serious sexual or violent offences. With changes to the home detention curfew (HDC) scheme set to take effect in 2025, the landscape of early release is shifting. Our discussion sheds light on the contrasting experiences of different offenders, and what these legislative shifts mean for the future of sentencing.

As we navigate the maze of eligibility and exclusion criteria for early release schemes, hear about the critical role of good behaviour and community order adherence, our insights into statutory exclusions, presumptions, and the Parole Board's influence on release outcomes. As we await the consequences of the actions taken in light of the Gauke Report, which promises to further shape future reforms, the episode offers valuable insights for legal professionals and the public alike, equipping listeners with the knowledge to navigate this complex legal terrain.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com.

Welcome to The Legal Eagle Training Podcast, we are your hosts, Colin Beaumont & Clive Smith. We are both barristers, with over 60 years of experience in criminal law behind them. Colin qualified as a barrister in 1982 and worked as a legal advisor for HMCTS for 12 years before re-qualifying as a solicitor and working for a major criminal firm as a partner and consultant for 20 years. Clive was called to the Bar in 2003 and spent 11 years practising at all levels. Prior to leaving full-time practice, Clive had a busy Crown Court practice dealing with serious crime such as murder, rape and firearms offences. Since 2015, Colin and Clive have shared their extensive experience of criminal law, lecturing experienced practitioners on topics such as court practice and procedure, evidence generally including bad character and hearsay, sexual offences, sentencing and ancillary orders.

For more information or to book a place on a forthcoming course please visit our website.