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Criminal evidence – Confession. The appellant was convicted of assault. At the appellant's trial, the only evidence relied upon by the Crown was a confession that the appellant had made during the course of interview (the confession). She applied to exclude that evidence, but the judge rejected that application. Dismissing her appeal by way of case stated, the Administrative Court held that the judge had been correct to: (i) reject the submission that the appellant had not properly or adequately been informed of her right to legal advice; (ii) to find that the interviewing police officer had been entitled to come to the conclusion that the appellant had in all respects been fit to be interviewed; and (iii) to find that, accordingly, the confession evidence of the appellant had in all respects been both reliable and fair and that neither s 76 nor s 78 of the Police and Criminal Evidence Act 1984 had applied to exclude the confession.
Criminal evidence – Confession. The appellant was convicted of assault. At the appellant's trial, the only evidence relied upon by the Crown was a confession that the appellant had made during the course of interview (the confession). She applied to exclude that evidence, but the judge rejected that application. Dismissing her appeal by way of case stated, the Administrative Court held that the judge had been correct to: (i) reject the submission that the appellant had not properly or adequately been informed of her right to legal advice; (ii) to find that the interviewing police officer had been entitled to come to the conclusion that the appellant had in all respects been fit to be interviewed; and (iii) to find that, accordingly, the confession evidence of the appellant had in all respects been both reliable and fair and that neither s 76 nor s 78 of the Police and Criminal Evidence Act 1984 had applied to exclude the confession.
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