R v Hoare -
silence@an interview on legal advice- an attempt was made to close the gap between Betts and Hall and Howell-flushing out innocence at an early stage or supporting other evidence of guilt at a later stage.Court of Appeal said that the question for the jury in the end is whether, regardless of advice given and accepted, an accused has remained silent not because of that advice but because he had no, or no satisfactory, explanation to give. For some reference to circumstances in which a suspect might have good reason to rely on a solicitor�s advice to remain silent, despite having an answer to allegations against him. CA held whole basis of s. is as assumption that an innocent D �as distinct from 1 who is entitled to require the P prove its case-would give an early explanation to demonstrate innocence. In R v Brizzalari the court said that s 34 =was primarily directed [at] the positive defence following a ?no comment/ interview and/or the ?ambush defence�. In R v Hoare and Pierce, on the other hand, the court said that s 34 is =concerned with flushing out innocence at an early stage or supporting other evidence of guilt at a later stage. Beckles, R. v [2004 EWCA 2004) Para 6. Section 34 was recently, justifiably, described by Dyson L.J. in R. v. B. (K. J.) The Times, December 15, 2003;  EWCA Crim 3080, as "a notorious minefield" [paragraph 20 of transcript]. In R v Brizzalari, The Times, March 3, 2004;  EWCA Crim 310, the Court of Appeal felt it necessary to discourage prosecutors from too readily seeking to activate the provisions of section 34 [paragraph 57]. As the Court said: "the mischief at which the provision was primarily directed was the positive defence following a "no comment" interview and/or the "ambush" defence" [ibid]. In this case the police knew the essence of D' defence before the police interviews.