Jersey Judgment

Att. Gen. v Rzeszowski [2012] 2 JLR 135 (07 August 2012)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

It is not unfair to admit voluntary statements made by the accused in prison to visitors after being charged, even if overheard and noted by a police officer, and there is no requirement under the relevant Police Codes of Practice for a written record to be made and put to the suspect for confirmation or denial. Such statements are not excluded under the Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 76(1).

Court disposition

application to exclude evidence refused

02

Material facts

Parties

Attorney General

Applicant

Rzeszowski

Respondent

03

Procedural history

  1. Posture

    Criminal / Evidentiary Ruling

04

Questions and positions

Legal issues

Party arguments

Applicant
The statements were voluntary, overheard and noted by a police officer, and there is no requirement under the Police Codes of Practice, Code C, para. 12.13 for a written record to be made and put to the suspect for confirmation or denial. The statements should not be excluded under the Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 76(1).
Respondent
The statements should be excluded as unfair because they were not formally recorded and put to the accused for confirmation or denial, as allegedly required by the Police Codes of Practice.

05

Court’s reasoning

  1. 01

    Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 76(1)

    Voluntary statements made by an accused to visitors in prison, overheard and noted by police, are admissible if not unfair to admit.

  2. 02

    Police Codes of Practice, Code C, para. 12.13

    Police Codes of Practice, Code C, para. 12.13 does not require a written record of such statements to be made and put to the suspect for early confirmation or denial.

06

Ratio, limits and disposition

Ratio decidendi

It is not unfair to admit voluntary statements made by the accused in prison to visitors after being charged, even if overheard and noted by a police officer, and there is no requirement under the relevant Police Codes of Practice for a written record to be made and put to the suspect for confirmation or denial. Such statements are not excluded under the Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 76(1).

Court disposition

application to exclude evidence refused

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2012] 2 JLR 135

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Rzeszowski [2012] 2 JLR 135 (07 August 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR122135.html Cite as: [2012] 2 JLR 135 [ New search ] [ Help ] Att. Gen. v Rzeszowski 2012 (2) JLR 135 (07 August 2012) Evidence-unfair evidence-discretion to exclude-not unfair to admit accused's voluntary statements (overheard and noted by police officer) made in prison to visitors after being charged-no requirement in Police Codes of Practice, Code C, para. 12.13 for written record of such statements to be made and put to suspect for early confirmation or denial-not excluded under Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 76(1) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (2) JLR 135 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR122135.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 76(1)

Legislation

Legislation referenced in the available case record.

Police Codes of Practice, Code C, para. 12.13

Legislation

Legislation referenced in the available case record.

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