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R v Corr

Northern Ireland Law Reports (Digests) Cited in 1 Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1968
Date01 January 1968
CourtCourt of Criminal Appeal (Northern Ireland)
(C.C.A.)
R
and
Corr

Accused in custody after caution - Statements by police officer eliciting responses of an incriminating nature - Admissibility - Discretion of judge to exclude.

The rule of evidence which excludes statements by the accused procured as a result of threats or inducements inspiring fear or hope, also comprehends statements procured by other forms of conduct which may be no less capable of eroding the will of the accused by arousing hope of release or fear of further detention or other prejudicial result. Semble that conduct subjecting a person to a degree of pressure which saps his will and induces him to talk may also render his statements inadmissible. Police officers making enquiries into the death of a woman asked the accused to visit a police station and he was there interviewed over a period of six hours at the end of which, after being cautioned, he made a formal statement. On the following day he was again asked to visit a police station and was there interviewed over a period of twelve hours. During this second interview he made certain statements in response to the remarks of a police officer which, though not interrogatory in character, were of a kind to evoke a response. At the end of this second interview he made a further formal statement which was tantamount to a confession. Held, that provided a police officer acts fairly and truthfully and does not attempt to mislead or to engage on a...

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