R v Mick
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1863 |
| Date | 01 January 1863 |
| Court | Assizes |
English Reports Citation: 176 E.R. 376
Nisi Prius
York Summer Assizes, 1863, York, coram Mellor, J recuna v mick (The practice of questioning prisoners b) policemen, and thus extracting confessions from them, though it does not lender the evidence so obtained inadmissible, is one which the Judges strongly reprobate, and which ought not be to permitted ) The prisoner was indicted for feloniously wounding Isaac Biaithwaire, i-far Selby, with a knife, on the 23rd of May. with intent to do him some grievous bodily harm John Smith for the prosecution [823] The facts were, that there was a disturbance in a public house, in the cout.sb of which the prisoner stiuck the prosecutor with a kmle On being taken uito custody by the police on this chaige, the pusoner said " I have clone no haim to any one " When at the police station the bUpernri endent, Geoige B^ll, said to the prwoner, " At the time when you were taken into custody you stated you had done no harm to any one. I am now told you have made a different statement " The prisoner then said, " Yes, sir, I will tell the truth '' The supeimtendei.t said, '' Stop, you must understand you need not say anything unless you like, and it may be given in evidence against you " The pnsonei then made a statement of what he had done Mellor, J (to the witness) -I think the course you pursued in questioning the pusoner was exceedingly improper I liave considered the matter very much ò many Judges would not receive such evidence The law does not intend you, as a policeman, to investigate cases in that way I entirely disapprove of the system oi police officers examining prisoners The law has sunounded prisoners \\iih great precautions to prevent confessions being extorted from them, and the magistrates are not allowed to question prisoners, 01 to ask them what they...
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