Inferences could not be drawn from failure to account for presence near burglary offence where suspect was arrested on firearms charge

McKechnie J (nem diss): Arrest on suspicion of unlawful possession of firearm - section 19 of the Criminal Justice Act 1984, as substituted by section 29 of the Criminal Justice Act 2007 - inferences drawn from failure of detained person to account for his presence at a particular place at or about the time of the commission of an offence - charge with burglary - section 12(1)(b) and 12(3) of the Criminal Justice (Theft and Fraud) Offences Act 2001 - whether section 19 of the 1984 Act could be used in trial for an offence other than that about which the accused was questioned - legal framework - background and procedural history - conviction on burglary charge - right to silence - adverse inference provisions - interpretation of section 19, as amended - constitutional nature of right to silence - sequential elements involved in invocation of section 19 - gateway - timing requirement - request - justification - failure to account - consequences - effect - natural and ordinary meaning of the legislation - strict construction of penal statutes.