Post-offence conduct

2026-03-04 - 00:08

Public Defender II Junior In T&T, it is possible for the guilt of an accused person to be inferred from their conduct after the alleged crime. That conduct in law is known as “post-offence conduct”. What is post-offence conduct? Some examples of conduct whereby an accused person’s guilt can be inferred are if the accused: fled the scene of the crime, escaped when confronted by the police to avoid being arrested, left the country, changed his/her appearance, threatened the prosecution’s witnesses or plotted to have the main witness or other witnesses killed. During a criminal trial before a judge alone or a judge and jury (“fact finder”), this type of evidence is usually admitted to show that the accused acted in a manner which, based on human experience and logic, was consistent with the conduct of a guilty person and inconsistent with the conduct of an innocent person. To elaborate further, evidence of post-offence conduct can be considered indirect evidence and can sometimes be highly incriminating based on the interpretation of the conduct. It is therefore important for the fact finder to be directed that