Att. Gen. v Da Silva [2007] JLR_Note 61 (21 November 2007)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The admissibility of statements to police depends on whether the breach of the Code of Conduct rendered the statements unfair or unreliable.
Court disposition
undisclosed
02
Material facts
Parties
Attorney General
ApplicantDa Silva
Respondent03
Procedural history
Posture
Criminal / Interlocutory
04
Questions and positions
Legal issues
Whether statements to police were obtained in breach of the Code of Conduct
Party arguments
- Applicant
- The statements to police should be admissible despite the alleged breach of the Code of Conduct.
- Respondent
- The statements to police were obtained in breach of the Code of Conduct and should be excluded.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal procedure
Statements obtained in breach of the Code of Conduct may be excluded from evidence.
06
Ratio, limits and disposition
Ratio decidendi
The admissibility of statements to police depends on whether the breach of the Code of Conduct rendered the statements unfair or unreliable.
Court disposition
undisclosed
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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