http://www.legislation.gov.uk/ukpga/1994/33/section/37Criminal Justice and Public Order Act 1994An Act to make further provision in relation to criminal justice (including employment in the prison service); to amend or extend the criminal law and powers for preventing crime and enforcing that law; to amend the Video Recordings Act 1984; and for purposes connected with those purposes.1994-11-03texttext/xmlenStatute Law Database2026-07-10Expert Participation2026-06-29
Criminal Justice and Public Order Act 1994s. 51(10)(a) (ia)Criminal Justice Act 2003Sch. 36 para. 11(3)s. 336(3) (4)Criminal Justice and Public Order Act 1994s. 25(2)(ka)-(kc)Crime and Policing Act 2026Sch. 11 para. 6(3)s. 255(1)
Part III Course of Justice: Evidence, Procedure, Etc. Inferences from accused’s silence Effect of accused’s failure or refusal to account for presence at a particular place.371Where—aa person arrested by a constable was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed; andbthat or another constable investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to his participation in the commission of the offence; andcthe constable informs the person that he so believes, and requests him to account for that presence; anddthe person fails or refuses to do so,then if, in any proceedings against the person for the offence, evidence of those matters is given, subsection (2) below applies.2Where this subsection applies—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ba judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998cthe court, in determining whether there is a case to answer; anddthe court or jury, in determining whether the accused is guilty of the offence charged,may draw such inferences from the failure or refusal as appear proper.3Subsections (1) and (2) do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request.
3AWhere the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.4This section applies in relation to officers of customs and excise as it applies in relation to constables.4AThis section applies in relation to enforcement officers who—aare appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, andbare acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984,as it applies in relation to constables.5This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place which could properly be drawn apart from this section.6This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Ss. 34-38 applied (with modifications) (1.2.1997) by S.I. 1997/16, art. 2(1)(2), Sch.S. 37(1)(b)(c) modified (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 23(b); S.I. 2002/2750, art. 2(a)(ii)(d)S. 37(1)(c) extended (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 23(a); S.I. 2002/2750, art. 2(a)(ii)(d)S. 37(2)(b): words substituted for s. 37(2)(b)(i)(ii) (9.5.2005 for specified purposes, otherwise prosp.) by Criminal Justice Act 2003 (44), 41, 336, {Sch. 3 para. 64(4)(b)}; S.I. 2005/1267, art. 2(2), Sch. para. 1(1)(p)S. 37(3) modified (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 23(b); S.I. 2002/2750, art. 2(a)(ii)(d)S. 37(3A) inserted (1.4.2003) by 1999 c. 23, ss. 58(4), 68(3) (with Sch. 7 paras. 5(2), 8); S.I. 2003/707, art. 2(a)S. 37(7) repealed (5.7.1996) by 1996 c. 25, ss. 44(4)(7), 80, Sch. 5 Table 1, Note 2 (with s. 78(1)))S. 37(1) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)S. 37(2) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)S. 37(3) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)S. 37(3A) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)S. 37(5) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)S. 37(6) applied (with modifications) (31.10.2009) by Criminal Justice and Public Order Act 1994 (Application To The Armed Forces) Order 2009 (S.I. 2009/990), arts. 1(1), 2, Sch. 1 (with art. 4)S. 37(2)(a) repealed (18.6.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 64(4)(a), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)Words in s. 37(2)(b) substituted for s. 37(2)(b)(i)(ii) (9.5.2005 for specified purposes, 18.6.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 64(4)(b); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)Ss. 34-38 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 2S. 37(5)(6) applied (with modifications) (1.5.2025) by The Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994 (Application to Food Crime Officers) Regulations 2025 (S.I. 2025/300), regs. 1(1), 7-10S. 37(1)-(3A) applied (with modifications) (1.5.2025) by The Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994 (Application to Food Crime Officers) Regulations 2025 (S.I. 2025/300), regs. 1(1), 7-10S. 37(4A) inserted (7.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 66(3) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(c)