The court excluded a statement made to a constable, who questioned his prisoner in a way that amounted to cross-examination. A constable has no right to ask questions without expressly saying that the answers cannot be relevant evidence.
AL Smith, J
(1888) (15 Cox 656)
Not followed – Regina v Brackenbury 1893
Cited – Ibrahim v The King PC 6-Mar-1914
(Hong Kong) The defendant was an Afghan subject with the British Army in Hong Kong. He was accused of murder. Having accepted the protection of the British Armed forces, he became subject to their laws. In custody, he was asked about the offence by . .
Applied – Regina v Histed 1898
The court excluded the answers of a prisoner in custody, on the authority of R. v. Gavin, saying that the constable was entrapping the prisoner and trying by a trick to set a broken-down case on its legs again. . .
Doubted – Regina v Best CCA 1909
Referring to the admissibility of answers to questions put before an arrest, ‘it is quite impossible to say that the fact that a question of this kind has been asked invalidates the trial’. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Evidence
Updated: 08 May 2022; Ref: scu.184191