In order to be found to be voluntarily given, a suspect’s statement must have been freely given and not given in response to pressure or inducement and not elicited by questioning other than what is directed simply to elucidating what has been said. The crucial question then is whether this statement freely given? Or was it the result of some kind of pressure or inducement by the police?
Judges:
Lord Justice General Clyde
Citations:
[1958] ScotHC HCJ – 1, 1958 SLT (Notes) 44, 1958 JC 41, 1959 SLT 23
Links:
Cited by:
Cited – Jude v Her Majesty’s Advocate SC 23-Nov-2011
The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of . .
Lists of cited by and citing cases may be incomplete.
Scotland, Criminal Evidence
Updated: 21 July 2022; Ref: scu.279185
