An interview took place when an appellant, who was later charged with dangerous driving and taking a motor vehicle without authority, was asked why he was hiding, to which he replied ‘I don’t want to get caught.’ He was then arrested for taking a conveyance without authority, to which he said, according to the officers, ‘Yes, mate, I just lost it’. Although that was disputed, one of the officers then said to the appellant, ‘Do you mean that you were driving?’ and according to the officer said, ‘Yes mate, I took a (inaudible) driving before.’
Held: The Court may consider the provisions of the PACE Codes of Practice with respect to an earlier breach when considering a later alleged breach. It is the nature and not the length of the questions which determines whether there is an interview. One question and answer can amount to an interview if put for the purposes of obtaining evidence about involvement in a criminal offence and which may be given to the court in a prosecution.
Morland J
Times 29-Jul-1993, (1993) 98 Cr App R 337
Police and Criminal Evidence Act 1984 66
England and Wales
Cited by:
Cited – Hughes v Director of Public Prosecutions Admn 12-Oct-2009
The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an isnide rear window. She submitted that the officers had asked as . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Police
Leading Case
Updated: 01 November 2021; Ref: scu.88256