Jersey Judgment

Goodman v Att. Gen. [1995] JLR_Note 11c (27 September 1995)

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Professional case brief

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Source document

01

Holding and result

The court held that a break in the interview did not, in itself, invalidate the caution or render subsequent statements inadmissible, as long as the accused remained aware of their rights.

Court disposition

application dismissed

02

Material facts

Parties

Goodman

Applicant

Attorney General

Respondent

03

Procedural history

  1. Posture

    Criminal / Interlocutory

04

Questions and positions

Legal issues

Whether a break in interview affects the validity of a police caution and the admissibility of statements made to police

Party arguments

Applicant
The applicant contended that a break in the interview process compromised the effectiveness of the police caution and rendered subsequent statements inadmissible.
Respondent
The respondent argued that the break in the interview did not affect the validity of the caution or the admissibility of the statements.

05

Court’s reasoning

  1. 01

    Jersey criminal procedure

    A break in a police interview does not necessarily invalidate a previously administered caution or render subsequent statements inadmissible, provided the accused remains aware of their rights.

06

Ratio, limits and disposition

Ratio decidendi

The court held that a break in the interview did not, in itself, invalidate the caution or render subsequent statements inadmissible, as long as the accused remained aware of their rights.

Court disposition

application dismissed

Source and reliance status

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Judgment text

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Source document

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Judgment

Judgment

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