whether a conviction based mainly on silence would be compatible with the European Convention on Human Rights. If there has been a breach of the PACE Codes of Practice, the evidence is more likely to be excluded under s. 78 of the Police and Criminal Evidence Act 1984. The Code envisages, amongst other things, recorded police interviews taking place at a police station, where the accused has access to legal advice and after the caution in the following terms has been given: You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. Facts later relied upon Adverse inferences may be drawn in certain circumstances where before or on being charged, the accused fails to mention a specific fact that he later relies upon and which in the circumstances at the time the accused could reasonably be expected to mention. If this failure occurs at an authorised place of detention (e.g. a police station), no inferences can be drawn from any failure occurring before the accused is allowed an opportunity to consult a legal advisor. Section 34 of the 1994 act reverses the common law position that such failures could not be used as evidence of guilt. A person relies on a fact if he relies upon it in his own testimony or his counsel puts forward a positive case. What it is reasonable for an accused to mention depends on all of the circumstances, including the accused's "age, experience, mental capacity, state of health, sobriety, tiredness, knowledge, personality and legal advice". If a defendant states that he remained silent on legal advice, the question for the jury is whether silence can only be attributed to the accused having no satisfactory answer to the charge against him. The section is primarily directed at circumstances where a defendant refuses to reveal his defence until trial, ambushing the prosecution. Direction to the jury In appropriate cases, the judge should direct the jury as to the proper limits of the inference of silence. The Judicial Studies Board have provided a specimen direction, which has been accepted by the European Court of Human Rights. Failure to give a valid direction, does not, however, render a conviction automatically unsafe. European Convention on Human Rights The concept of right to