Source: All England Reporter
Publisher Citation: [2005] All ER (D) 340 (Apr)
Court: Court of Appeal, Criminal Division

Maurice Kay LJ, Silber J and the Recorder of Birmingham

Representation Michael Baker (assigned by the Registrar for Criminal Appeals) for the defendant.
  Lindsey Thompson (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 25 April 2005


Criminal evidence and procedure - Evidence - Interview evidence - Failure to caution before interview - Significant and substantial breach - Correctness of judge's exercise of discretion to admit interview - Conviction not unsafe - , s 78 - Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers, para 10.1.

The Case

In the circumstances of the instant case, whilst the failure to caution the defendant before interview had been a significant and substantial breach of Code C para10.1 of the Code of Practice of the the judge had been nevertheless entitled to exercise his discretion in favour of admitting the interview.

If you are a LexisLibrary subscriber you can read more about this case here.