| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 44 (May) |
| Neutral Citation: | [2005] EWCA Crim 1089 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Laws LJ, Dame Heather Steel and Judge Stephens QC |
| Representation | Edward Rees QC and Rebecca Trowler (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Anthony Barker QC and Stephen Lowne (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 4 May 2005 |
Catchwords
Criminal evidence and procedure - Abuse of process - Interception and recording of privileged conversations between suspects and legal advisors - No necessity for prejudice to defendant for prosecution to be stayed.
The Case
The deliberate interference with a detained suspect's right to the confidence of privileged communications with his solicitor seriously undermined the rule of law and justified a stay on grounds of abuse, notwithstanding the absence of prejudice consisting in evidence gathered by the Crown as the fruit of police officer's unlawful conduct.
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