32 Fact-finder not to be invited to infer guilt from defendant’s silence before trial

(1)

This section applies to a criminal proceeding in which it appears that the defendant failed—

(a)

to answer a question put, or respond to a statement made, to the defendant in the course of investigative questioning before the trial; or

(b)

to disclose a defence before trial.

(2)

If subsection (1) applies,—

(a)

no person may invite the fact-finder to draw an inference that the defendant is guilty from a failure of the kind described in subsection (1); and

(b)

if the proceeding is with a jury, the Judge must direct the jury that it may not draw that inference from a failure of that kind.

(3)

This section does not apply if the fact that the defendant did not answer a question put, or respond to a statement made, before the trial is a fact required to be proved in the proceeding.