AG -v- De Oliveira [2016] JRC 202A (07 November 2016)

AG -v- De Oliveira [2016] JRC 202A (07 November 2016)

The interview was excluded because the absence of an interpreter created a real risk that the defendant could not express himself clearly, rendering the evidence unreliable and potentially prejudicial under Article 76 of the Police Procedures and Criminal Evidence (Codes of Practice)(Jersey) Order 2004.

Citation
[2016] JRC 202A
Parties
Defendant: Mr De Oliveira; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
07 November 2016
Procedural Posture
Criminal / Pre Trial Application (newton Hearing)
Outcome
application granted
Legal Topics
Admissibility of Evidence, Interpreter Rights, Police Interview Procedures, Newton Hearing
Criminal Law Evidence Law Admissibility of Evidence Interpreter Rights Police Interview Procedures Newton Hearing

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Parties

Mr De Oliveira

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Application (newton Hearing)

Legal Issues

  1. 1 Whether the defendant's police interview should be excluded from evidence due to lack of interpreter and risk of unreliable answers
  2. 2 Whether a prior 2013 interview should be admitted to show English proficiency

Ratio Decidendi

The interview was excluded because the absence of an interpreter created a real risk that the defendant could not express himself clearly, rendering the evidence unreliable and potentially prejudicial under Article 76 of the Police Procedures and Criminal Evidence (Codes of Practice)(Jersey) Order 2004.

Court Disposition

application granted

Orders

  • The 2016 police interview is excluded from evidence at the Newton hearing.
  • The 2013 interview is also excluded from evidence.