The People (at the suit of the Director of Public Prosecutions) v BK (Approved) [2023] IESC 23 (13 October 2023)

The People (at the suit of the Director of Public Prosecutions) v BK (Approved) [2023] IESC 23 (13 October 2023)

Admissions made by an accused during a High Court-directed psychological assessment in wardship proceedings, even if conducted with a polygraph and outside the custodial context, are not automatically inadmissible in a subsequent criminal trial. The absence of custodial safeguards does not, per se, render such statements involuntary or unfair. The correct test is whether the manner and circumstances of obtaining the admissions fell below the required standard of fairness. In this case, the Supreme Court found that the trial judge erred in excluding the evidence on the basis of non-voluntariness and lack of fairness, as the process was not oppressive, BK was legally advised, and the...

Citation
[2023] IESC 23
Parties
Prosecutor/respondent: The People (at the suit of the Director of Public Prosecutions); Accused/appellant: BK
Jurisdiction
Ireland
Judgment Date
13 October 2023
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal, Post Acquittal Retrial Order
Outcome
Appeal dismissed; acquittal quashed; retrial ordered.
Legal Topics
Admissibility of Confessions, Safeguards in Non Custodial Interviews, Polygraph Evidence, Wardship Proceedings, Privilege and Disclosure, Right to Fair Trial
Criminal Law Evidence Constitutional Law Child Protection Admissibility of Confessions Safeguards in Non Custodial Interviews Polygraph Evidence Wardship Proceedings +2 more

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Parties

The People (at the suit of the Director of Public Prosecutions)

Prosecutor/respondent

BK

Accused/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal, Post Acquittal Retrial Order

Legal Issues

  1. 1 Whether admissions made in a psychological assessment directed by the High Court in wardship proceedings are admissible in a subsequent criminal prosecution after a prior decision not to prosecute
  2. 2 Whether admissions gained in a psychological assessment conducted with a polygraph in civil proceedings are admissible in a criminal trial
  3. 3 What conditions, if any, govern admissibility of inculpatory statements made during civil proceedings in a criminal trial

Ratio Decidendi

Admissions made by an accused during a High Court-directed psychological assessment in wardship proceedings, even if conducted with a polygraph and outside the custodial context, are not automatically inadmissible in a subsequent criminal trial. The absence of custodial safeguards does not, per se, render such statements involuntary or unfair. The correct test is whether the manner and circumstances of obtaining the admissions fell below the required standard of fairness. In this case, the Supreme Court found that the trial judge erred in excluding the evidence on the basis of non-voluntariness and lack of fairness, as the process was not oppressive, BK was legally advised, and the...

Court Disposition

Appeal dismissed; acquittal quashed; retrial ordered.

Orders

  • The acquittal of BK is quashed.
  • A retrial is directed pursuant to s. 23 of the Criminal Procedure Act 2010.