Source: All England Reporter
Publisher Citation: [2010] All ER (D) 192 (May)
Neutral Citation: [2010] EWHC 1418 (Admin)
Court: Queen's Bench Division, Divisional Court

Elias LJ and Aikenhead J (Judgment delivered extempore)

Representation Caroline Moonan (instructed by Palmers Solicitors, Essex) for the appellant.
  Peter Clark instructed by and for the Crown Prosecution Service.
Judgment Dates: 20 May 2010


Evidence - Admissibility - Admissions - Appellant cautioned at home address and thereafter making admissions of driving with excess alcohol to police officer - Appellant making further admissions while waiting in custody suite at police station and then later interviewed - Court finding that interviews admissible despite breaches of relevant code - Whether court erring - ss 76, 78 - s 5(1)(a) -  2.

The Case

Evidence Admissibility. The Divisional Court dismissed the appellant's appeal and held that while there had been significant breaches of Code of Practice C to the the evidence of admissions made by the appellant at interview were admissible.

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