Recent Judicial Decisions
| Author | David Wicks,Damian Carney |
| Date | 01 December 2010 |
| DOI | 10.1350/pojo.2010.83.4.540 |
| Published date | 01 December 2010 |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Confessions to Private Investigators
R v Dhorajiwala [2010] EWCA (Crim) 1237
Court of Appeal, Criminal Division
9 June 2010
Appeal against conviction of seven counts of theft at Reading
Crown Court on 14 August 2009.
Keywords: Evidence; confession evidence; interview by
civilian investigators; need to comply with PACE Codes of
Practice; Police and Criminal Evidence Act 1984 (‘PACE’),
ss 67(9), 76(2)(a)(b); oppression
The facts
D worked as a pharmacist and manager of a shop. Her employer
believed she was not putting all the cash transactions through her
till. Private investigators were hired to undertake some test
purchases and they observed that D pressed only one key of the
register, and upon later inspection of the till roll found these
purchases had not been recorded. The private investigators then
introduced themselves to D and interviewed her in a small room
in the shop. A manuscript of the interview was written up by one
of the investigators but no tape recording of the interview took
place. A record of the interview with the standard police caution
was signed by D. In the interview, D asked what the worst thing
was that could happen to her and one investigator replied:
‘Prison’. D confessed she had taken the money because she had
not had a pay rise and was desperate for money. She gave the
investigators an envelope with £1031, which was the money she
had kept from the transactions and which had remained on the
property at the shop. At no time was she informed of the right to
a solicitor. D signed the interview record. Later, when inter-
viewed by the police D refused to make any comment. At trial
The Police Journal, Volume 83 (2010) 365
DOI: 10.1358/pojo.2010.83.4.540
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