Man ‘not had a life’ as 1990 murder conviction quashed – BBC News

Posted September 12th, 2024 in appeals, evidence, learning difficulties, murder, news, police interviews by tracey

‘A man with learning disabilities who says he felt under pressure to confess to murder says he has not “had a life” for the last 33 years.’

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BBC News, 11th September 2024

Source: www.bbc.co.uk

‘They saw me as calculating, not a child’: how adultification leads to black children being treated as criminals – The Guardian

‘The police strip-search at school of Child Q caused outrage. But experts say it is just one example of how black children are perceived as more mature – and culpable – than white peers.’

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The Guardian, 5th July 2022

Source: www.theguardian.com

R v Luckett (Michael David) [2020] EWCA Crim 565 – CrimeCast.Law

‘“This was one of a pair of recent cases, which tend to suggest that police officers and those who aspire to be police officers are still held to a higher standard than the public they are sworn to protect. It was a sentencing appeal following a plea of guilty by a former police officer, who had made use of information gathered in the course of investigating a drink driving offence to get in touch with the defendant and subsequently enter into a long-term personal relationship with her. He resigned from the police and pleaded guilty to misconduct in a public office. His appeal against the sentence prompted the Court of Appeal to refer to earlier authorities on sentencing for misconduct in a public office by serving police officers and gave the court an opportunity to emphasise the gravity of the offence, whilst at the same time proving that the quality of mercy is not strained …”’

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CrimeCast.Law, 26th November 2020

Source: crimecast.law

Article 6 breaches prove no magic bullet for convictions on appeal (R v Abdurahman) – 5 SAH

‘Rebecca Hill provides her Corporate Crime analysis for Lexis Nexis PSL: The Court of Appeal considered the safety of the conviction of Abdurahman who had assisted one of the 21/7 London bombers after the event. It reaffirmed that its purpose is to objectively appraise the safety of a conviction looking to all the circumstances, notwithstanding in this case a finding by the Grand Chamber of the European Court of Human Rights (ECtHR) that Mr Abdurahman’s rights under Article 6 of the European Convention on Human Rights (ECHR) (right to a fair trial) had been breached.’

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5 SAH, 3rd February 2020

Source: www.5sah.co.uk

Cheryl Grimmer case won’t go ahead as police interview ruled inadmissible – The Guardian

‘The trial of a man accused of murdering UK-born toddler Cheryl Grimmer almost 50 years ago will not go ahead, after a judge ruled his 1971 police interview was not admissible.’

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The Guardian, 15th February 2019

Source: www.theguardian.com

A quick chat with the police – or an interview? You need a lawyer – Legal Voice

Posted December 11th, 2017 in consultations, criminal justice, legal representation, news, police interviews by sally

‘When the police investigate a criminal offence, it may not be necessary to formally arrest a suspect. In the past, it would be common practice that those being questioned by the police were arrested. Now, with the introduction of the 28-day bail limit, it is becoming a more accepted method for the police to question suspects by way of a ‘voluntary interview’.’

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Legal Voice, 8th December 2017

Source: www.legalvoice.org.uk

Interviewing a ward of court – UK Police Law Blog

Posted June 5th, 2017 in consent, courts, news, police, police interviews, practice directions, wardship by tracey

‘The judgment in Re Ward of Court [2017] EWHC 1022 (Fam) answers with a resounding “no”, the question of whether the court’s consent is required before the police can interview a ward of court. A simple point, one might think, but there was, according to Sir James Munby, President of the Family Division, a “startling lack of clarity in the law” on this issue.’

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UK Police Law Blog, 4th June 2017

Source: ukpolicelawblog.com

Lord Bramall’s reputation trashed because of the Met’s ‘inept’ investigation – Daily Telegraph

Posted February 5th, 2016 in child abuse, delay, news, police, police interviews, sexual offences, witnesses by tracey

‘Operation Midland is dismissed as “inept” after it emerges that the Metropolitan police took almost a year to interview key witnesses.’

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Daily Telegraph, 4th February 2016

Source: www.telegraph.co.uk

Personal consultation with solicitor must be offered before terror questioning, rules High Court – UK Human Rights Blog

‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Detective should face gross misconduct charge over killer’s questioning – IPCC – The Guardian

“A senior detective who ignored the rules governing the questioning of a suspect as he tried to solve a high-profile abduction case should answer a charge of gross misconduct, the police watchdog has ruled.”

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The Guardian, 9th September 2013

Source: www.guardian.co.uk

McGowan v B – WLR Daily

Posted November 25th, 2011 in human rights, law reports, legal representation, news, police interviews by sally

McGowan v B [2011] UKSC 54; [2011] WLR (D) 339

“There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

HM Advocate v P – WLR Daily

HM Advocate v P [2011] UKSC 44; [2011] WLR (D) 290

“There was no absolute rule that evidence which had been obtained from an accused who had been questioned by police when he had not been given access to legal advice, but which existed independently of his answers, was inadmissible.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

Ambrose v Harris (Procurator Fiscal, Oban) ; HM Advocate v M; HM Advocate v G – WLR Daily

Ambrose v Harris (Procurator Fiscal, Oban); HM Advocate v M; HM Advocate v G [2011] UKSC 43; [2011] WLR (D) 288

“In principle the line as to when access to legal advice had to be provided before a person suspected of a criminal offence was questioned by police should be drawn as from the moment when he had been taken into police custody, or his freedom of action had been significantly curtailed.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Ibrahim and Others – Times Law Reports

Posted May 8th, 2008 in evidence, law reports, police interviews, terrorism by sally

Regina v Ibrahim and Others

Court of Appeal (Criminal Division)

“Evidence obtained during safety interviews held with a defendant in the absence of his solicitor was admissible at his subsequent trial subject to the ordinary principles governing a fair trial and excluding unfair evidence.”

The Times, 8th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v Ibrahim and others – WLR Daily

Posted April 25th, 2008 in evidence, law reports, police interviews, terrorism by sally

R v Ibrahim and others [2008] EWCA Crim 880; [2008] WLR (D) 127

Evidence obtained during ‘safety’ interviews conducted with a defendant under the provisions of the Terrorism Act 2000 was admissible at his subsequent trial subject to the ordinary principles governing a fair trial, and the over-arching provisions in s 78 of the Police and Criminal Evidence Act 1984.”

WLR Daily, 25th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.