L & R v R.

L & R v R.

The convictions were unsafe because the confession was admitted without a judicial finding under section 76A PACE 1984 as to its reliability, and the judge had previously found its admission unfair under section 78. The procedural errors deprived the appellants of a fair trial, requiring the convictions to be quashed.

Parties
Appellant: L; Appellant: R; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
23 March 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Southampton Crown Court
Outcome
Appeals allowed; convictions quashed
Legal Topics
Admissibility of Confessions, Bad Character Evidence, Police and Criminal Evidence Act, Children and Young Persons Act, Trial Fairness
Criminal Law Evidence Admissibility of Confessions Bad Character Evidence Police and Criminal Evidence Act Children and Young Persons Act Trial Fairness

Case Brief

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Parties

L

Appellant

R

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Southampton Crown Court

Legal Issues

  1. 1 Whether the trial judge erred in admitting/excluding the appellant's confession under section 76A Police and Criminal Evidence Act 1984 (PACE) and section 101(1)(e) Criminal Justice Act 2003
  2. 2 Whether the absence of an appropriate adult during police interview rendered the confession unreliable or unfair
  3. 3 Whether the judge's directions to the jury were adequate regarding the confession and its relevance to each defendant

Ratio Decidendi

The convictions were unsafe because the confession was admitted without a judicial finding under section 76A PACE 1984 as to its reliability, and the judge had previously found its admission unfair under section 78. The procedural errors deprived the appellants of a fair trial, requiring the convictions to be quashed.

Court Disposition

Appeals allowed; convictions quashed

Orders

  • Convictions of both appellants quashed
  • Respondent granted 14 days to apply in writing for a re-trial in either or both cases