Comer v Att. Gen. [2000] JLR 1 (27 January 2000)

Comer v Att. Gen. [2000] JLR 1 (27 January 2000)

The court has discretion to admit identification evidence obtained in breach of the Police Manual of Guidance unless the breach results in unfairness to the accused.

Citation
[2000] JLR 1
Parties
Applicant: Comer; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
27 January 2000
Procedural Posture
Criminal / Judgment
Outcome
evidence admitted
Legal Topics
Improperly Obtained Evidence, Admissibility of Evidence, Police Procedures
Criminal Law Evidence Improperly Obtained Evidence Admissibility of Evidence Police Procedures

Case Brief

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Parties

Comer

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether breach of Police Manual of Guidance in obtaining identification evidence renders such evidence inadmissible
  2. 2 Whether the court has discretion to admit evidence obtained in breach of police procedures

Ratio Decidendi

The court has discretion to admit identification evidence obtained in breach of the Police Manual of Guidance unless the breach results in unfairness to the accused.

Court Disposition

evidence admitted