The police had secretly and unlawfully recorded conversations between the defendant and his solicitor whilst he was in custody. The judge rejected a claim of abuse of process. He appealed his conviction for murder.
Held: The appeal was allowed. The proceedings had been infected with an unlawful purpose in the police actions. The recordings were categorically unlawful and proceedings based upon such activities were an abuse. Should the proceedings have been stopped, where, as here, no prejudice to the defendant had been shown? The police actions were such an affront to the integrity of the justice system, that a conviction, even if not based upon the results of such eavesdropping, could not stand. The importance of legal professional privilege was so clear that no great list of authorities were required to support it.
Judges:
Laws LJ, Dame H Steele, Martin Stephens QC
Citations:
Times 12-May-2005, [2005] EWCA Crim 1089, [2005] 3 WLR 437, [2005] 2 Cr App R 28, [2006] QB 60, [2005] Crim LR 955
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Cited by:
Criticised – Warren and Others v Attorney General of The Bailiwick of Jersey (Court of Appeal of Jersey) PC 28-Mar-2011
(Jersey) Lord Dyson criticised elements of the decision in R v Grant and said: ‘Nevertheless, the Board respectfully considers that the decision in R v Grant was wrong. The statement at para 54 suggests that the deliberate invasion of a suspected . .
Cited – Brown, Regina v CACD 29-Jul-2015
The claimant, a patient hld at Rampton Hospital faced charges of attempted murder of two nurses. His lwayers had asked for the right to see their client in private, but eth Hospital objected, insisting on the presence of two nurses at all times. . .
Lists of cited by and citing cases may be incomplete.
Police, Legal Professions
Updated: 30 June 2022; Ref: scu.224867