Suffering in silence: A cost-benefit analysis of Section 34 of the Criminal Justice and Public Order Act 1994

Section 34 of the Criminal Justice and Public Order Act 1994 was enacted in the face of considerable opposition. it is contended that the evidence yie lded by the provision is of insufficient importance to justify the problems it causes. Section 34 has proved complex in operation, despite the best ef forts of appellate courts to simplify the issues for trial judge and jury. IS, as seems likely, it is also susceptible to challenge under the European Convention on Human Rights, the time may be near when we should cut our lo sses and revert to the common law rules.