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

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

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).

Citation
[2012] 2 JLR 135
Parties
Applicant: Attorney General; Respondent: Rzeszowski
Jurisdiction
Jersey
Judgment Date
07 August 2012
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
application to exclude evidence refused
Legal Topics
Admissibility of Evidence, Voluntary Statements, Police Procedure
Criminal Law Evidence Admissibility of Evidence Voluntary Statements Police Procedure

Case Brief

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Parties

Attorney General

Applicant

Rzeszowski

Respondent

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether voluntary statements made by the accused in prison to visitors after being charged are admissible as evidence
  2. 2 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
  3. 3 Whether such statements should be excluded under Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 76(1)

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