The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an inside rear window. She submitted that the officers had asked as to her involvement at a time when she was already a suspect, and that her reply should not have been relied upon.
Held: The appeal failed. The magistrates had found as a matter of fact that at the time of the question, in the opinion of the police officer, the appellant was not a suspect.
Judges:
Silber J
Citations:
[2010] EWHC 515 (Admin)
Links:
Statutes:
Theft Act 1968 12A, Police and Criminal Evidence Act 1984 78
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Wayne Ward CACD 29-Jul-1993
An interview took place when an appellant, who was later charged with dangerous driving and taking a motor vehicle without authority, was asked why he was hiding, to which he replied ‘I don’t want to get caught.’ He was then arrested for taking a . .
Cited – Regina v Matthews CACD 1990
The court gave guidance on the meaning of the word ‘interview’ when used in the Codes of Practice. Morland J said: ‘In our judgment it is not within the spirit of the Act or the code that ‘interview’ should be given a restricted meaning. Normally . .
Cited – Regina v Absolam CACD 1990
A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to empty his pockets, ‘and put the drugs on the table’ he did so and admitted selling drugs.
Held: The procedure should . .
Cited – George Pollard v The Queen PC 30-Oct-1995
(St. Vincent and The Grenadines) A notice of appeal which was required by statute to be given ‘in such manner as may be directed by rules of court’, but which did not comply with such rules because it was not signed by the appellant personally, was . .
Cited – Ridehalgh, Regina (on the Application of) v Director of Public Prosecutions Admn 23-May-2005
The appellant a police officer had arrived at work having been drinking. A senior officer asked if he had driven to work. He replied yes, and on that basis had been convicted of driving with excess alcohol. He appealed saying that the question . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 30 July 2022; Ref: scu.406159