Her Majesty's Advocate v. Ronald [2007] ScotHC HCJ_12 (27 April 2007)

Her Majesty's Advocate v. Ronald [2007] ScotHC HCJ_12 (27 April 2007)

The answers given by the accused in the challenged part of the police interview are admissible because there is no rule of law prohibiting a police officer from expressing an opinion on video evidence or from using information derived from another officer's account in questioning a suspect, and the questioning was conducted fairly without bullying, pressure, or deception.

Citation
[2007] ScotHC HCJ_12
Parties
Prosecution: Her Majesty's Advocate; Defendant: Stephen Ronald
Jurisdiction
Scotland
Judgment Date
27 April 2007
Procedural Posture
Criminal / Preliminary Hearing Application to Exclude Evidence
Outcome
application to exclude evidence refused
Legal Topics
Admissibility of Evidence, Police Interviews, Fairness in Criminal Procedure, Confessions
Criminal Law Evidence Law Admissibility of Evidence Police Interviews Fairness in Criminal Procedure Confessions

Case Brief

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Parties

Her Majesty's Advocate

Prosecution

Stephen Ronald

Defendant

Procedural Posture

Criminal / Preliminary Hearing Application to Exclude Evidence

Legal Issues

  1. 1 Whether answers given by the accused during police interview are inadmissible because they were derived from inadmissible evidence or elicited unfairly.

Ratio Decidendi

The answers given by the accused in the challenged part of the police interview are admissible because there is no rule of law prohibiting a police officer from expressing an opinion on video evidence or from using information derived from another officer's account in questioning a suspect, and the questioning was conducted fairly without bullying, pressure, or deception.

Court Disposition

application to exclude evidence refused

Orders

  • The answers given by the accused in the challenged part of the police interview are admissible.