Lord Lane CJ discussed the systems surrunding the giving of assistance to the police by suspects: ‘It is an area of law fraught with difficulties, as anyone who has practised in this field at the Bar or who has had to decide this type of case, either at trial or on appeal, will know all too well.’
He went on to identify three issues – the difficulty of ascertaining the true facts, the desire of the offender for confidentiality and the extent of credit to be given. He continued with suggestions as to good practice. A letter should be provided from a senior officer of police (or other authority). That officer must be unconnected with the case where assistance was to be given, must have examined the facts and be able to certify the facts as reported by the officers conducting the investigation. The officer in charge of the investigation should set out the facts as certified and should be available to give evidence if necessary, either in court or in chambers. In each case the procedure should be tailored to the circumstances.
Lord Lane CJ
(1988) 87 Cr App R 407
Cited by:
Cited – AXN v The Queen CACD 27-May-2016
The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest.
Held: The current accepted practice is that the text of the letter from the police to the . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Leading Case
Updated: 11 November 2021; Ref: scu.564846
