학술논문

Evidence: Police and Criminal Evidence Act 1984 ss.76, 78 - appellant arrest on arrival in the the United Kingdom carrying suitcases containing cocaine
Document Type
Journal Article
Source
Crim. L.R. 2003, Jul, 474-477
Subject
Admissibility
Audio recordings
Criminal evidence
Customs officers
Privilege against self-incrimination
Telephones
Administration of justice
Language
English
ISSN
0011-135X
Abstract
Reports on the Court of Appeal decision in R. v De Silva (Marc Anthony) on whether the admission in evidence of tape recorded telephone conversations between the appellant and his contacts was unfair. Outlines the circumstances leading to the production of the evidence involving customs and excise investigating officers conducting a cooperation interview with the appellant who, on the basis of an inducement regarding the prospect of a reduced sentence if convicted, agreed to make the controlled telephone calls. Considers whether the evidence amounted to a confession which might be unreliable for the purposes of the Police and Criminal Evidence Act 1984 s.76(2)(b) and, more particularly, whether it was unfair under s.78 of the 1984 Act to use that evidence against the appellant.

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