Section 148Part 10 — Miscellaneous
Effect of accused's failure to mention facts when questioned or charged
←→ Navigate · Click subsection badges to collapse · Press ? for help
148. (1) Where, in any proceedings against a person for an offence, evidence is given that the accused —
at any time before the accused was charged with the offence, on being questioned by a police officer trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in the accused’s defence in those proceedings; or
on being charged with the offence or officially informed that the accused might be prosecuted for it, failed to mention any such fact; or
at any time after being charged with the offence, on being questioned under the Terrorism Act (2018 Revision), failed to mention any such fact, being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, subsection (2) shall apply.
A —
court in determining whether there is a case to answer; or
court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper.
Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) above do not apply if the accused had not been allowed an opportunity to consult an attorney-at-law prior to being questioned, charged or informed as mentioned in subsection (1).
Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.
This section applies in relation to questioning by persons, other than police officers, charged with the duty of investigating offences or charging offenders as it applies in relation to questioning by police officers; and in subsection (1) above "officially informed" means informed by a police officer or any such person.
This section does not —
prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in the accused’s presence relating to the conduct in respect of which the accused is charged, in so far as evidence thereof would be admissible apart from this section; or
preclude the drawing of any inference from any such silence or other reaction of the accused which could properly be drawn apart from this section.
This section does not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.
Referenced By
- Section 152 — Interpretation of certain references in sections 148, 149, 150 and 151
Reference to section 148