The police were admitted to have failed to comply with Code of Practice A. The defendant appealed against the conviction on his admission.
Held: A failure to adhere to a requirement in PACE is not mere ‘rigmarole’: ‘These provisions are not a mere rigmarole to be recited like a mantra and then ignored. The provisions of the Police and Criminal Evidence Act and the Code relating to caution, are designed to protect a detainee. They are important protections. They impose significant disciplines upon the police as to how they are to behave. If they can secure a serious conviction in breach of those provisions that is an important matter which undermines the protection of a detainee in the police station’
Judges:
Moses LJ, Hickinbottom J
Citations:
[2009] EWHC 3521 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Beeres v Crown Prosecution Service (West Midlands) Admn 13-Feb-2014
The defendant said that his confession should not have been admitted in evidence it having been given when he had not been advised of his rights whilst at the police station because of his inebriation.
Held: The appeal failed. A confession is, . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Police
Updated: 13 August 2022; Ref: scu.396502