The defendant appealed his conviction on the ground that a police informant had been a solicitor’s clerk.
Held: Appeal dismissed, but the use of members of the legal profession as informants, must always be dangerous, and capable of undermining the interests of justice. It is necessary for suspects to be able to seek legal advice, and acting as an informant would be a breach by the solicitor or his clerk of his duty to his client, and also a breach by the police of the rights of a citizen. No comment was made as to the particular use of an informant in this case. The judge prepared questionnaires designed to ascertain whether any of the jurors had written an anonymous letter sent to him by post.
Judges:
Lord Justice Pill, The Honourable Mr Justice Keith, Sir Richard Tucker
Citations:
Times 13-Nov-2002, [2002] EWCA Crim 2489
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Smith, Regina v Mercieca HL 16-Feb-2005
A member of the jury wrote to the judge saying that other members were failing to discharge their duties properly. Smith took a tactical decision not to seek a retrial. The judge saw counsel in chambers, after which the jury were reminded of their . .
Lists of cited by and citing cases may be incomplete.
Crime, Legal Professions
Updated: 20 November 2022; Ref: scu.178116