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1. NO COMMENT INTERVIEWS AND SPECIAL WARNINGS
1.1 The prosecutor, defence and court will need to be informed about what happened when the defendant was interviewed and the guidance contained in the header to section 2 of the MG5 should be followed.
1.2 Where the suspect refuses to answer certain questions or to answer satisfactorily, after due warning, a court or jury may draw such inferences as appear proper under the Criminal Justice and Public Order Act 1994 sections 36 and 37.
For more information on adverse inferences see: http://www.cps.gov.uk/legal/a_to_c/adverse_inferences/
1.3 In such circumstances section 2 on the MG5 should record that a no comment interview took place, special warnings were given (as set out in a - e below) and also record the questions that were asked following the warning. The exact words used should be recorded rather than paraphrasing.
1.4 For an inference to be drawn the suspect must be told, in ordinary language:
a) What offence is being investigated;
b) What fact they are being asked to account for;
c) This fact may be due to them taking part in the commission of the offence;
d) A court may draw a proper inference if they fail or refuse to account for this fact;
e) A record is being made of the interview and it may be given in evidence if they are brought to trial.