Download Griffiths, David Barclay (1992) Confessions, admissions and declarations by persons accused of ... PDF

TitleGriffiths, David Barclay (1992) Confessions, admissions and declarations by persons accused of ...
LanguageEnglish
File Size17.8 MB
Total Pages453
Document Text Contents
Page 1

Glasgow Theses Service
http://theses.gla.ac.uk/

[email protected]






Griffiths, David Barclay (1992) Confessions, admissions and
declarations by persons accused of crime under Scots law : a historic and
comparative study.
PhD thesis.





http://theses.gla.ac.uk/2834/



Copyright and moral rights for this thesis are retained by the author

A copy can be downloaded for personal non-commercial research or
study, without prior permission or charge

This thesis cannot be reproduced or quoted extensively from without first
obtaining permission in writing from the Author

The content must not be changed in any way or sold commercially in any
format or medium without the formal permission of the Author

When referring to this work, full bibliographic details including the
author, title, awarding institution and date of the thesis must be given

Page 2

Canf ac3ci an is e Ad mi sei ans and

D¬c1 r-e t ians by Porsa> nes AccuiE3 4E3d

caf Crime Under Scatc Laºw.

Ahi imt c, r is exr d romparat i vD cat tidy

by

David Bairclsty Gr-iffithG LL. B.

Volumo 2

Dagrým ® of Dact c) r- of Phi loEaphy

DQpa. rt mant of Fra. viat c Lmw

Uni vc3r .ity crf Gl etmac>w

March 1992

0 David B. Griffiths March 1992

Page 226

224

restricted to CID investigations in cases which were thought by

the police to justify prosecution in the Sheriff or High Court

and where the suspect was aged 16 or over. 4

An interim research report was produced covering the first

twenty-four months of the experiment 0 and as the first U. K.

study of tape recording of police interrogations it naturally

attracted some interest, This early research indicated that only

a minimal number of suspects refused to be taped and oven fewer

attempted to fake maltreatment or assault by the police. However

as far as the behaviour of the police was concerned, the figures

showed that there had been a dramatic effect on both the length

and the content of interviews. There was a dramatic rime,

particularly in Falkirk, of suspects who made statements before

arriving at the police station and there were delays between the

suspect arriving at the police station and the tape-recorder

being activated.

That tape-recording, particularly in Dundee, got off to a shaky

start was due in no small measure to the decision by Lord Jauncey

in F, M. Advocate v McFadden. unreported AT; Cum 1980 to which

reference has already been made. 0 In this case a whole interview

was hold inadmissible on the grounds of cross-examination, even

though his Lordship found parts of it to be entirely fair to the

accused. It was to be come three years before the issue was

settled and McFadden overruled, "

Page 227

225

In an article discussing the interim report two English

commentators observed:

"The SHHD Report assumes that suspects increas-

ingly exercised their right to silence when being

tape-recorded. It is more likely that the police

extracted most of the information they wanted in

the pre-interrogation interview (non-taped) and

thus conducted themselves in the formal (taped)

interview in ouch a way that their questions were

designed not to elicit answers. . ý.

It emerges that police acceptance of public

scrutiny of their activities is low and, more

importantly, that they have found ways of

disguising this attitude in the context of tape-

recording. What has happened is that the police

have managed to give the appearance of accepting

taping by recording an acceptable number of

interviews. fc"ade taught the police the lesson

that there were real dangers in recording the

traditional interrogation. What is recorded

therefore is what is acceptable to the courts and

what would pass public scrutiny. ...
Interviews

have been taped; interrogations have continued to

take place in secret. " '0

Page 452

450

Towe T. E. - Criminal Pre-Trial Procedure in France (1970)

American Journal of Comparative Law 483

Volkmann-Schluck T. - Continental European Criminal Procedures:

True or Illusive Model? (1981) 9 Am J Crim L1

Vouin R. - The Protection of the Accused in French Criminal Pro-

cedure (1956) 5 ICLQ 1

Walker A& Walker NML- The Law of Evidence in Scotland.

(Edinburgh, 1964)

Walker D. M. - The Scottish Jurists (Edinburgh,
Green, 1985)

Walsh D. J. P. - The Use and Abuse of Emergency Legislation in

Northern Ireland (Cobden Trust, 1983)

Wilkinson A. B. - The Scottish Law of Evidence (Edinburgh, 1986)

Williams G. - The Proof of Guilt (3rd edn). (London, 1963)

Williams G. - The Autentication of Statements to the Police

119791 Grim LR 6

Williams G. - The Tactic of Silence (1987) 137 New LJ 1107

Williams G. - The "Right of Silence" and the Mental Element

119881 Crim LR 97

Willis C. F. - The Tape Recording of Police interviews with

Suspects, an Interim Report Home Office Research Study No. 82

(HMSO 1984)

Willis C. F. , Macleod
J. , Naish

P. - The Tape Recording of Police

Interviews with Suspects -a Second Interim Report Homo Office

Research Study No. 97 (HMSO 1988)

Willock I. D. - The Jury In Scotland (Stair Society vol 23,

Edinburgh, 1966)

Willock I. D. - The Guildford Four Case: Could it Happen In Scot-

land? (1989) 158 SCOLAG 168

Wilson J. G. - The Trial of Peter Manuel (London, 1959)

Wilson W. A. - The Logic of Corroboration (1960) 66 SLR 101

"W. J. L. "- Criminal Evidence Bill (1897) 5 SLT 5

Wof finden B. - Miscarriages of Justice (London, 1987)

Wozniak E. G. M. - The Tape Recording of Police Interviews with

Suspected Persons in Scotland (SHHD, 1985)

Yea M. H. - Diminishing the Right to Silence: the Singapore

Experience (19833 Crim LR 89

Page 453

451

Zander M. - Acceess to a Solicitor in the Police Station [19721

Crim LR 342

Zander M. - The Investigation of Crime: A Study of Cases Tried at

the Old Bailey (19793 Crim LR 203

Zander M. -A Matter of Justice (Oxford, 1989)

Zander M. - The Police and Criminal Evidence Act 1984 (2nd edn)

(London, 1990)

Zeidler W. - Evaluation of the Adversary System: As Comparison,

Some Remarks on the Investigatory System of Procedure (1981)

55 Aust LJ 390

Zuckerman A. A. S. - The Right Against gel f Incrimination: An

Obstacle to the Supervision of Interrogation (1986) 102 LQR 43

Zuckerman A. A. S. - Illegally Obtained Evidence -- Discretion as a

Guardian of Legitimacy 1987 Current Legal Problems 55

Zuckerman A. A. S. - Trial by Unfair Means - the Report of the

Working Group on the Right to Silence 119891 Crim LR 855

Zuckerman A. A. S. - The Principles of Criminal Evidence (Oxford,

1989)

iý ý

,. ýý"ý

Similer Documents