Recent Judicial Decisions
| DOI | 10.1177/0032258X6503801113 |
| Date | 01 November 1965 |
| Author | W. H. D. Winder |
| Published date | 01 November 1965 |
| Subject Matter | Article |
W.
H.
D.
WINDER,
M.A.,
LL.M.
Legal Correspondent
of
THE
POLICE
JOURNAL
ARREST ON SUSPICION AND RIGHT TO INTERROGATE
R. v. Collier
Rule 3 (a)
of
the Judges' Rules was interpreted by the
Court
of
Criminal Appeal in R. v. Collier [1965] 3 All E.R. 136 which over-
ruled in one respect the Assize ruling given in R. v. Brackenbury
(XXXVIII P.J. 399); [1965] 2 All E.R. 960, noted in the August
number of the
POLICE
JOURNAL.
The higher court has now laid
down
that
in r. 3 (a) which provides
that
where a person is charged
with " or informed
that
he may be
prosecuted"
for an offence he
must be cautioned, the words in quotation marks are intended
merely to cover a case where the suspect has
not
been arrested.
They do not apply where the suspect is arrested
and
may on further
consideration be charged. In the overruled Assize case it had been
held
that
the words did apply to this situation. The true position
now is
that
the words " or informed
that
he may be
prosecuted"
for an offence cover a case where the suspect has
not
been arrested,
and
where, in the course
of
questioning, a time comes when the
police contemplate
that
asummons may be issued.
In order
that
r. 3(a) should apply, the person concerned must
have been actually charged,
and
in such a case any evidence obtained
in breach
of
r. 3 (a) will, subject to the discretion
of
the Judge, be
inadmissible. Where, however, r. 3(a) does not apply, because there
has been no actual charge, but the police officer making inquiries of
a person has enough evidence to charge him with an offence and (in
breach of para. (d) of appendix A
of
the introduction to the Judges'
Rules) has not charged him,
that
breach
of
the rules will be a factor
to be considered in determining whether any statement obtained or
made thereafter is a voluntary statement.
The essential facts in R. v. Collier were as follows. Two men
were seen acting suspiciously at night walking away from the back
of
a shop to a parked van. A police officer approached them,
cautioned them, and asked them what they were doing. No com-
plaint was made
of
that;
they were at
that
time mere suspects,
and
acaution was required
and
given. They made non-committal state-
ments in reply,
but
after the officer had examined the premises
and
found
that
they had been seriously tampered with the men made
November 1965 548
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