Att. Gen. v Schlandt [2001] JLR 276 (15 May 2001)

Evidence obtained from continued police questioning after a decision to prosecute and after the suspect indicates nothing more to say constitutes a significant breach of Code C and is oppressive, and may be excluded from evidence for both reasons.

Source-derived case information.

Citation: [2001] JLR 276
Parties: Applicant: Attorney General; Respondent: Schlandt
Jurisdiction: Jersey
Judgment Date: 15 May 2001
Procedural Posture: Criminal / Trial
Outcome: evidence may be excluded
Legal Topics: Police Questioning, Admissibility of Evidence, Oppression, Police Manual of Guidance Code C

Criminal Law Police Questioning Admissibility of Evidence Oppression Police Manual of Guidance Code C

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Attorney General

Applicant

Schlandt

Respondent

Procedural Posture

Criminal / Trial

Legal Issues

1 Whether continuing police questioning after deciding to prosecute and after suspect indicates nothing more to say is a breach of Code C and oppressive
2 Whether such evidence should be excluded

Ratio Decidendi

Court Disposition

evidence may be excluded

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