X v. Att. Gen. [2014] 2 JLR 384 (25 September 2014)

X v. Att. Gen. [2014] 2 JLR 384 (25 September 2014)

A confession may be reliable even if the appellant has a low IQ and is highly suggestible and compliant, provided there is no reason to suspect mental vulnerability and the appellant is declared fit for interview by a police doctor; thus, there was no breach of Code C.

Citation
[2014] 2 JLR 384
Parties
Appellant: X; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
25 September 2014
Procedural Posture
Criminal Appeal / Appellate
Outcome
appeal dismissed
Legal Topics
Confessions, Reliability of Evidence, Police Procedures
Criminal Law Evidence Law Confessions Reliability of Evidence Police Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

X

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appellate

Legal Issues

  1. 1 Whether a confession is likely to be unreliable under Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 74(2)(b) in the context of the circumstances when made
  2. 2 Whether interviewing the appellant in the absence of an appropriate adult breached Code C

Ratio Decidendi

A confession may be reliable even if the appellant has a low IQ and is highly suggestible and compliant, provided there is no reason to suspect mental vulnerability and the appellant is declared fit for interview by a police doctor; thus, there was no breach of Code C.

Court Disposition

appeal dismissed