Att. Gen. v. Clarke [1963] JJ 243 (27 March 1963)

Att. Gen. v. Clarke [1963] JJ 243 (27 March 1963)

Improperly obtained evidence is generally admissible; exclusion is discretionary if prejudice outweighs probative value. Failure to inform a suspect of their right not to assist police is not improper.

Citation
[1963] JJ 243
Parties
Applicant: Attorney General; Respondent: Clarke
Jurisdiction
Jersey
Judgment Date
27 March 1963
Procedural Posture
Criminal / Trial
Outcome
evidence admitted
Legal Topics
Admissibility of Evidence, Improperly Obtained Evidence, Judicial Discretion
Criminal Law Evidence Admissibility of Evidence Improperly Obtained Evidence Judicial Discretion

Case Brief

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Parties

Attorney General

Applicant

Clarke

Respondent

Procedural Posture

Criminal / Trial

Legal Issues

  1. 1 Is improperly obtained evidence admissible in court?
  2. 2 Should evidence be excluded if prejudicial?
  3. 3 Is it improper not to inform a suspect of their right not to assist police?

Ratio Decidendi

Improperly obtained evidence is generally admissible; exclusion is discretionary if prejudice outweighs probative value. Failure to inform a suspect of their right not to assist police is not improper.

Court Disposition

evidence admitted