Evidence

sallykk

Question in respect of admissibility, custody regulations, voluntary confession and judges rules in Ireland: when a person X is arrested without a warrant under s.4 criminal justice act on suspicion in having murdered Y, presumably accused gets arrested at 3.00pm.
X is a prominent member of anti-NAMA organisation. X is detained in Garda station. After some time of interrogation she became agitated, powerless and isolated. She requested to see her solicitor and it was assured they will contact him
Statim. After two hours of interrogation one of the gardai said to x "well get to the truth with or without your help. You have nothing to gain by making it harder for the investigation as we have goods on you". At 6pm the solicitor arrived and gave her evidence concerning the right to silence and x has been offered rest and hot meal. Half an hour later interrogation recommenced and x made inculpatory statement that she has assaulted y. This statement was taken down, read back to the accused and x mad asked if he agreed to the contents which he agreed to. It was now 8.30pm
The chief superintended was convinced that x had in fact murdered y and extended the integer ration to further 6 hours. The integration was not interrupted until 11am, when x asked the police to inform her family of her whereabouts. X thought that if only she could cooperate, she would be released once confession is signed.
During this period of confession x admitted she had murdered y and this statement was reduced to writing read and she was asked to indicate any place she wished the allegation was made. There was no such. X didn't sign the statement.
If presumably x was seeking appeal claiming inter alia that statements are inadmissible . Upon what basis can x challenge the Inadmissibility of this evidence?

sallykk

The accused was a she. Excuse me for the incorrect spelling

Little CuChulainn

This sounds like homework so I'll just give you one hint.

Before midnight a detained person will be offered a rest period. If they refuse they can be questioned throughout the night as long as they are fit to do so. The member in charge of the station can decide to suspend the questioning of someone if they believe they are not fit to be questioned due to sleep deprivation.

Also it's called a detention, not an integeration.

sallykk

Yes indeed this is my tomorrow's in class question I need to practice. It seems that I'm going on an all nighter tonight. I don't really know how to answer problem questions and my lecture notes are really confusing. I don't know what relevant issues are and how to apply them. However, thank you for your brief answer, I've one puzzle in place now. Kind regards

Pat Mustard

DPP v Gormley & White. Maybe worth a brief mention as a recent topical case.

http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/146243a82fed833780257c930048b8b0?OpenDocument

whomitconcerns

sallykk wrote: »

Yes indeed this is my tomorrow's in class question I need to practice. It seems that I'm going on an all nighter tonight. I don't really know how to answer problem questions and my lecture notes are really confusing. I don't know what relevant issues are and how to apply them. However, thank you for your brief answer, I've one puzzle in place now. Kind regards

if you dont know any of that..i think you may be in the wrong class sally...sorry!