The Director challenged the decision of the magistrates to stay a prosecution of the defendant as an abuse of process. The defendant had been interviewed without a solicitor. He went away to seek legal advice. The solicitor requested a copy of the interview tape. None was provided, but a caution offered instead. The defendant refused the caution on advice because without the tape, the solicitor could not establish whether a caution was properly based.
Held: The appeal failed.
Rose LJ said: ‘the justices were fully entitled to conclude that the proceedings should be stayed as an abuse of process, the police having refused to disclose the terms of the interview, without which informed advice and informed consent to a caution could not properly be given. I make it clear that this does not mean that there is a general obligation on the police to disclose material prior to charge. That would, in many cases, be impracticable and, in some cases, (for example where there is an ongoing investigation) highly undesirable, as well as being outwith the contemplation of the legislation, the code or anything to be implied therefrom. But, in the present case, the failure to disclose the terms of the interview followed by the institution and pursuit of a criminal trial in the circumstances described amply justified the justices in reaching the conclusion which they did. ‘
Judges:
Rose LJ, Silber J
Citations:
[2001] EWHC 493 (Admin), [2002] 1 Cr App R 16, [2002] 1 WLR 815, [2001] 4 All ER 559
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Wildman v Director of Public Prosecutions CA 23-Jan-2001
Where the prosecutor intended to apply to extend the custody the time limit, he should not be required to produce full documentation in the same way as for the trial itself. Nevertheless, he should produce enough information, according to the . .
Cited – Regina v Director of Public Prosecutions, ex parte Lee Admn 18-Mar-1999
Application for judicial review of CPS decision on disclosure of evidence before committal.
Held: The court recognised an ongoing duty of disclosure from the time of arrest. At the stage before committal, there are continuing obligations on . .
Cited – Regina v Croydon Justices Ex Parte Dean QBD 9-Mar-1993
The applicant a 17 year old assisted the police in a murder investigation on the understanding, induced by the police, that he would not himself be prosecuted. Some weeks later, at the instance of the CPS, the applicant was charged with a lesser . .
Lists of cited by and citing cases may be incomplete.
Police, Criminal Practice
Updated: 30 July 2022; Ref: scu.406166