The Police and the Law
| Date | 01 April 1958 |
| Published date | 01 April 1958 |
| DOI | 10.1177/0032258X5803100202 |
| Subject Matter | Article |
THE
POLICE AND
THE
LAW 79
of Cardigan and Carmarthen would be established.
In
the light of
objections from both parties, a public enquiry was held at Carmarthen
on 13-16th December, presided over by Mr. H. I. Nelson, Q.C.,lately
Recorder of Liverpool. On his report (Cmd. 374 of 1958) and
recommendation the draft scheme was laid before both Houses of
Parliament.
So ends one dismal chapter and another brighter one begins for
the general body of the police in the county of Cardigan. The chief
constable will be aware of the well deserved tributes paid by Mr.
Phillimore to the sergeants and constables of the Cardiganshire con-
stabulary, and of Mr. Phillimore's considered view of the fitness of
Superintendent R. E. Davies for the post of deputy chief constable in
his former force in the county of Cardigan.
The
Police
and
The
Law
ADMISSIONS
MADE
AFTER
AN
INDUCEMENT
UNDER
the Judges' Rules a confession or admission made by the
accused is inadmissible in evidence
if
made by reason of an
inducement within the meaning of those Rules. In taking a statement,
therefore, it is of vital importance to know what exactly is the type of
inducement which the Rules condemn, for the Police, if they are to
take a statement at all, may find it difficult to avoid "inducing" it in
the broad sense of that somewhat vague term. A useful ruling on the
subject was given by Mr. Justice Slade at the Central Criminal Court
in the case of R. v. Joyce (1958, 1 W.L.R. 140).This decision does not
impose undue restrictions on Police investigation.
It
provides authori-
tative confirmation of what is probably the general understanding of
what is legitimate practice.
In
admitting the evidence of a police officeras to a statement made
to him by the accused, Slade, J., said:
"If
you make a statement
after being told:
'I
need to take a statement from
you:
then obviously
some inducement, in the colloquial sense, is held out to you to make
it; but an inducement of that nature is not a sufficient inducement in
law to render inadmissible a statement resulting from it." The judge
then went on to explain the true legal principle as follows:
"To
render
a confession or admission admissible the prosecution must prove
affirmatively that no inducement relating to the charge or accusation
was held out to the accused to make it. A confession or admission
must be excluded if it is made
(i)
in consequence of (ii) any induce-
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