Att. Gen. v Rzeszowski [2012] 2 JLR 135 (07 August 2012)
- Citation
- [2012] 2 JLR 135
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Evidentiary Ruling
More details
- Posture
- Criminal / Evidentiary Ruling
On this page
Professional case brief
Research organized from the available case record
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
ApplicantRzeszowski
Respondent03
Procedural history
Posture
Criminal / Evidentiary Ruling
04
Questions and positions
Legal issues
- 01
Whether voluntary statements made by the accused in prison to visitors after being charged are admissible as evidence
- 02
Whether Police Codes of Practice, Code C, para. 12.13 requires a written record of such statements to be made and put to the suspect for confirmation or denial
- 03
Whether such statements should be excluded under Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 76(1)
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
Legal principles
- 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.
- 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 reading view
Judgment text
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Court record
Judgment
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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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