When to Give this Charge

This charge should be given where:

• The jury might think that the prosecution should have called a particular witness to give evidence;
• An adverse inference may not be drawn from the prosecution’s failure to call the witness;
• Prosecution counsel have requested the direction, or there are substantial and compelling reasons for giving the direction in the absence of a request.

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.

Alternative Charge

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.