Director of Public Prosecutions v Ara: QBD 16 Jul 2001

The defendant had been interviewed at the police station, and told that, in the light of his admission, he would be cautioned. He returned with a solicitor, who said that before he could advise his client to accept the caution, he needed to hear the interview tape, and to see the evidence. The police refused access, and the defendant was charged. He then successfully applied for the proceedings to be stayed as an abuse of process. The prosecutor appealed. The court said that without that information, the solicitor could not properly advise his client. The defendant was entitled to informed legal advice. This should not be taken as creating a general obligation on police to provide wide ranging disclosure before charge.

Judges:

Rose LJ, Silber J

Citations:

Times 16-Jul-2001, Gazette 23-Aug-2001

Criminal Practice, Police

Updated: 19 May 2022; Ref: scu.79980