Section 20(3) of the Evidence Act 1995 prohibits the Crown from making any statement that directly or indirectly suggests the accused's spouse could have given evidence and did not, regardless of whether the comment is framed as explaining the Crown's failure to call the witness. The Edwards direction requirements for consciousness of guilt apply to all post-offence conduct relied upon by the Crown, not only post-offence lies, and require precise identification of the conduct, the circumstances said to indicate it constitutes an admission by conduct, and directions on alternative innocent explanations.
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