He is thundering now: "I felt absurd telling a jury they couldn't draw an adverse inference from his silence!"

More likely, the police will seek adverse inferences from silence rather than responses to lengthy questioning.

"If you don't want to talk, fine, then we're entitled to make adverse inferences," he said, referring to the committee.

The defendant will be under pressure to give evidence about what occurred - not to do so would result in the adverse inference being drawn.

However adverse inferences can be drawn from this.

But the Court split 5 to 4 on whether the judge was justified in drawing adverse inferences from her refusal to testify.

If the adverse inference should not have been made in this case, then the error was harmless.

In legal terms, a judge or a jury is allowed to draw what is known as an adverse inference from such an assertion.

As part of his decision the judge drew adverse inferences against the defendant under Articles 4 and 6 of the 1988 Order.

According to Lawvibe, "the 'adverse inference' can be quite damning at trial.