Mitchell v Procurator Fiscal, Kirkcaldy

Criminal evidence – Admissibility of evidence– Statements by accused in absence of legal advice. Sheriff Appeal Court: Allowing an appeal by an appellant who was convicted of assaulting his partner in her home, the court concluded that the appellant's reply in response to questions by the custody sergeant in relation to his welfare and vulnerability while he was being processed at the charge bar at the police station was not admissible evidence in relation to the incident at the complainer's house and without that evidence there was no corroboration of the identification of the appellant as the assailant.

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