HM Advocate v Hawkins

Criminal evidence – Admissibility of evidence – Accused's police interview. High Court of Justiciary: Upholding an objection raised as a preliminary issue in relation to an accused who was charged with rape to the admissibility of his police interview, the court held that prolonged questioning in the face of an exercise of the right to silence, repeated suggestions that the accused should reconsider his exercise of that right, and statements to him about the legal advice he had been given which clearly undermined that advice constituted undue pressure: the court was therefore not satisfied that the Crown had established that the interview was fair and that incriminatory statements the accused made after changing his position could properly be said to have been voluntary.

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