The defendants appealed convictions for being involved in the illegal importation of cocaine, saying that questioning at the airport before a caution was administered was unlawful. By the time they were asked about the cases, the customs officers already knew that the cases contained drugs. The recorder had said that the questions were standard ones put to all individuals stopped and there was no need for a caution at that stage.
Held: It was sensible before making an arrest to ensure some conection between the suspect luggage and the passenger, and at that point some decision could be made about detention. However each situation had to be looked at in the light of the particular officer’s knowledge at the time. It would not always be correct.
Judges:
Mr Justice Astill Mr Justice Hooper Lord Justice Potter
Citations:
[2004] EWCA Crim 454, Times 25-Mar-2004
Links:
Statutes:
Police and Criminal Evidence Act 1984 78
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Walsh (Gerald Frederick) CACD 1990
W faced a charge of robbery. At the police station on arrest he was first refused access to a solicitor. The police conceded that the refusal was a breach of s58, and that the officer had failed to record the interview as required, and to give an . .
Cited – Regina v Cox CACD 1993
The defendant was arrested at home on suspicion of one charge, but the police then asked questions about his clothing. He appealed saying the replies should not have been included.
Held: The questions were intended to secure admissions, and . .
Cited – Regina v Nelson, Rose CACD 3-Apr-1998
Two sisters and a brother who despite buying their tickets and travelling together prior to arrival, split up and proceeded separately through customs, caused suspicion. The question arose as to the admissibility in evidence of questioning by . .
Cited – Regina v Okafor CACD 10-Nov-1993
The appellant, a Nigerian national, arrived at Gatwick Airport from Nigeria with a single item of luggage, namely a suit carrier. He was asked a number of questions, in particular whether he had packed the luggage himself and whether everything in . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 03 July 2022; Ref: scu.194115