||All England Reporter
|| All ER (D) 462 (Jul)
|| EWCA Crim 1926
||Court of Appeal, Criminal Division
Maurice Kay, Tugendhat and Wilkie JJ
||Simon Farrell QC and Saba Naqshbandi (assigned by the Registrar of Criminal Appeals) for the defendant.
||Mark Dennis QC and Miranda Hill (instructed by the Crown Prosecution Service) for the Crown.
||30 July 2007
Criminal evidence - Answers and statements to prison officers - Admissibility - Perverting the course of justice - Absence of caution - Whether evidence of conversations admissible - , ss 67(9),78 - Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers, para 10.1.
Criminal evidence Answers and statements to prison officers. An appeal against conviction of perverting the course of justice, in which the defendant, a solicitor, had taken envelopes from a client during a legal visit, which had contained information to fabricate evidence in that client's trial for another offence, would be dismissed. The defendant had been able to advance her case in evidence and she had not been materially disadvantaged by her co-defendant's assertion of legal professional privilege during their joint trial. Moreover, the judge had been entitled, in the exercise of his discretion, pursuant to s78 of the to decline to exclude evidence of the defendant's statements to prison officers who had questioned her without caution.
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