면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Police Powers
Court of Appeal
1999

R v Aspinall

[1999] 2 Cr App R 115

판결 이유

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.

사실관계

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.

판결 요약

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.

주요 인용문

"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

후속 처리

Followed

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