Delaney was 18 and with a low IQ. On first interview for indecent assault, he denied the offence, but later came to admit it. The police admitted first minimising the seriousness of the offence, but he alleged greater pressure, resulting in a later confession. The first interview was not recorded until the following day.
Held: The judge should not have admitted the confession. Though the breach did not directly affect the confession, it left the court unable properly to resolve what had happened, and the conviction was quashed.
Citations:
(1989) 88 Cr App R 338, [1990] CLY 788
Statutes:
Police and Criminal Evidence Act 1984 66
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Sewa Singh Gill and Paramjit Singh Gill CACD 31-Jul-2003
The appellants sought to challenge their convictions for cheating the Inland Revenue. They were accused of having hidden assets and income from the revenue. The appellants objected to the use at trial of material obtained in a ‘Hansard’ interview. . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 29 April 2022; Ref: scu.185072
