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 opportunity to read and sign the interview record written up later. The judge had nevertheless admitted the evidence obtained.
Held: The failures were a ‘significant and substantial’ breach both of the section and of the Codes of Practice. Whilst the officer might have acted in good faith that did not constitute an excuse. The court’s conclusion that the failures would have made no difference was not supported. The availability of other evidence was not enough to support the conviction and it was quashed.
Citations:
[1990] 91 Cr App R 161
Statutes:
Police and Criminal Evidence Act 1984 54 78
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Dianne Senior and Samantha Senior CA 4-Mar-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Police, Criminal Practice
Updated: 06 May 2022; Ref: scu.194889