| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 346 (May) |
| Court: | Administrative Court |
| Judge: | Gibbs J |
| Representation | Andrew Selby (instructed by Mahaney & Co, Horley) for the defendant. |
| Robert Hall (instructed by the Crown Prosecution Service, Crawley) for the prosecution. | |
| Judgment Dates: | 23 May 2005 |
Catchwords
Criminal evidence and procedure - Caution - Failure to caution - Questions not amounting to interview - , Code C, paras 10.1, 11.1A.
The Case
Having regard to paras10.1 and 11.1(A) of Code C to the the duty to caution arose when there were grounds to suspect that an offence had been committed, and the question whether there were such grounds was essentially a matter for the justices. In the instant case, the justices were entitled to find that the relevant questions asked by police officers did not amount to an interview.
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