Ymwadiad: Nid cyngor cyfreithiol yw hwn. Mae deddfwriaeth a chyfraith achosion yn newid. Ymgynghorwch bob amser â chyfreithiwr cymwys ar gyfer eich sefyllfa benodol.

Pob achos
Police Powers
Court of Appeal
1999

R v Aspinall

[1999] 2 Cr App R 115

Ratio Decidendi

Evidence obtained from a mentally disordered or mentally vulnerable suspect interviewed without an appropriate adult present, as required by PACE Code C, is likely to be excluded under s.76 or s.78 PACE 1984 as unreliable or unfair.

Ffeithiau

Aspinall, who suffered from schizophrenia, was interviewed without an appropriate adult. He made admissions which formed the basis of the prosecution case. He appealed on the ground that the interview breached PACE Code C.

Crynodeb o'r dyfarniad

The Court of Appeal held that the requirement for an appropriate adult is an important safeguard for vulnerable suspects. The breach of Code C rendered the confession unreliable and it should have been excluded. The conviction was quashed.

Dyfyniadau allweddol

"The purpose of the appropriate adult is to assist the suspect to understand the significance of what is happening and to facilitate communication."

Roch LJ

Triniaeth ddilynol

Followed

Applied in subsequent cases involving vulnerable suspects and the appropriate adult requirement.