When an accused does not give evidence at trial and the only explanation from the defence comes from out-of-court statements to police, the trial judge must usually direct the jury that those statements are evidence for all purposes, that the jury may rely on both inculpatory and exculpatory portions, and that it is for the jury to assess the weight to be given to them. Directions that define 'evidence' solely by reference to evidence given by witnesses in court risk creating a miscarriage of justice by implicitly excluding the accused's out-of-court statements from the jury's consideration.
The full text is available to signed-in members.