HM Advocate v JF

Criminal evidence – Admissibility of evidence. High Court of Justiciary: Refusing a Crown appeal, in a case in which the respondent was facing charges of communicating indecently and extortion/sexual coercion, against a sheriff's decision upholding the respondent's objection to the admissibility of evidence of what he had said in reply to questioning by police during a phone call and subsequently at Dunfermline police office, the Crown contending that the sheriff had erred in holding that the respondent was a suspect at the time when a police officer spoke to him by telephone and that he had been tricked into attending at the police office, the court held that the difficulty for the Crown was that it was trying to set aside what were findings of fact and the advocate depute was unable to explain, at least with the material at her disposal, why the sheriff was not entitled to make the findings that he had.

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