Regina v Hetherington: CANI 1975

Lowry LCJ discussed the rule against the admission of evidence obtained under mistreatment and said: ‘It is not for the defence to prove but for the prosecution to disprove beyond reasonable doubt in relation to each accused that he was not subject even to any degrading treatment in order to induce him to make a statement on which the Crown rely . . the decision under section 6(2) must be based solely on how the statement is proved to have been obtained and not on whether it was true.’


Lowry LCJ


[1975] NI 164


Northern Ireland

Cited by:

CitedAdams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 July 2022; Ref: scu.439724