SQE2 Practice Questions - Solicitors Qualifying Examination Part 2 (Practical Legal Skills Assessment) Exam

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During a police interview, a solicitor's client is asked questions and chooses to remain silent on legal advice. At trial the client raises a defence not mentioned in interview. What is the principal evidential consequence the solicitor must warn the client about before the interview?

The interview will be automatically excluded under s.78 PACE The court or jury may draw an adverse inference from the failure to mention a fact later relied on The prosecution must prove the silence was deliberate beyond reasonable doubt Silence in interview is inadmissible and cannot be referred to at trial

Correct Answer:

The court or jury may draw an adverse inference from the failure to mention a fact later relied on

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