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When to Give this Charge
This charge should be given where:
It may be modified for use in cases where the jury might think that the prosecution should have questioned a witness about a particular matter.
In exceptional cases, a section 43 direction, addressing the adverse inference which can be drawn from a failure to call or question a witness, may be given instead of an anti-speculation direction.
You may have noticed that NOW did not give evidence in this case. You must not speculate about what s/he might have said if s/he had given evidence. As I have told you, you must decide this case solely on the evidence which has been given in court.
Last updated: 29 June 2015