Judges Rules Flashcards
What is Judges Rules
Set of instructions governing police re: the arrest and cautioning of suspects in England.
Implemented prior to PACE (police and criminal evidence act) by the Court of Appeal.
What was some of the issues surrounding Judges Rules
1) rather ambiguous in terms of questioning an offender.
2) could only lawfully detain a person by arrest, from that point you were not able to question
3) you could only Q when the offender was invited to participate in an interview.
Summarise historical points re: Judges Rules
1) is only a practice note
2) not a rule of law
- just written instructions on court practices
3) No longer an application in England
4) Never been part of the law in Australia
5)Only applied from the point when person was in
-custody rather
Then being questioned by police.
