AG -v- H [2012] JRC 187 (15 October 2012)

AG -v- H [2012] JRC 187 (15 October 2012)

The admissions made by the defendant during the police interview were not obtained by oppression or improper inducement. The conduct of the interview, including the officer's statements, did not breach Code C 12.3 in a manner likely to render any confession unreliable, nor did minor breaches of Code C 12.2 adversely affect the fairness of proceedings. The prosecution proved beyond reasonable doubt that the admissions were not obtained in consequence of anything said or done by the officers. The evidence is admissible.

Citation
[2012] JRC 187
Parties
Defendant: Defendant; Prosecution: States of Jersey Police
Jurisdiction
Jersey
Judgment Date
15 October 2012
Procedural Posture
Criminal / Pre Trial Application (voir Dire)
Outcome
application rejected
Legal Topics
Exclusion of Evidence, Confession Admissibility, Police Interview Procedures, Oppression, Inducement, Fairness of Proceedings
Criminal Law Evidence Law Exclusion of Evidence Confession Admissibility Police Interview Procedures Oppression Inducement Fairness of Proceedings

Case Brief

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Parties

Defendant

Defendant

States of Jersey Police

Prosecution

Procedural Posture

Criminal / Pre Trial Application (voir Dire)

Legal Issues

  1. 1 Whether the defendant's admissions during police interview were obtained by oppression or improper inducement under Article 74 of the Police Procedures and Criminal Evidence (Jersey) Law 2003
  2. 2 Whether breaches of Code C (paragraphs 12.2 and 12.3) render the interview inadmissible under Article 76 of the Law
  3. 3 Whether the fairness of proceedings is adversely affected by the admission of the interview evidence

Ratio Decidendi

The admissions made by the defendant during the police interview were not obtained by oppression or improper inducement. The conduct of the interview, including the officer's statements, did not breach Code C 12.3 in a manner likely to render any confession unreliable, nor did minor breaches of Code C 12.2 adversely affect the fairness of proceedings. The prosecution proved beyond reasonable doubt that the admissions were not obtained in consequence of anything said or done by the officers. The evidence is admissible.

Court Disposition

application rejected

Orders

  • The defendant's application to exclude the whole or any part of the interview under caution conducted with him by officers of the States of Jersey Police on 23rd March, 2012 is refused.