Two sisters and a brother who despite buying their tickets and travelling together prior to arrival, split up and proceeded separately through customs, caused suspicion. The question arose as to the admissibility in evidence of questioning by customs officers without a caution having been given.
Held: ‘The appropriate time to administer the caution in a situation such as this is when, on an objective test, there are grounds for suspicion, falling short of evidence which would support a prima facie case of guilt, not simply that an offence had been committed, but committed by the person who is being questioned.’
Citations:
[1998] EWCA Crim 1183, [1998] 2 Crim App R 399
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Dianne Senior and Samantha Senior CA 4-Mar-2004
The defendants appealed convictions for being involved in the illegal importation of cocaine, saying that questioning at the airport before a caution was administered was unlawful. By the time they were asked about the cases, the customs officers . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 October 2022; Ref: scu.154057