Judges' Rules
Encyclopedia
The Judges' Rules are a set of guidelines about police and questioning and the acceptability of the resulting statements and confessions as evidence in court. Originally prepared for police in England, the Rules and their successor documents have become a part of legal procedure not just in Britain but in places as far afield as Jamaica, Zambia and Western Samoa where English law is followed.
The Rules were first issued in 1912 by the judges of the King's Bench
to give English police forces guidance on the procedures that they should follow in detaining and questioning suspects. The Home Secretary
had requested the judges to explain how an investigation should be conducted to avoid the resulting evidence
being ruled inadmissible in court. The rules were intended to halt a divergence in practice that had developed among different police forces, and replaced earlier informal guidance, such as Sir Howard Vincent's Police Code and Manual of Criminal Law.
The Judges' Rules were not rules of law, but rather rules of practice for the guidance of the police, setting out the kinds of conduct that could cause a judge to exercise discretion to exclude evidence, in the interests of a fair trial. High Court judge
Lawrence J explained in R. v. Voisin [1918] 1 KB 531
, that:
The rules did not alter the law on admissibility of evidence, but became a code of best practice: it was assumed that statements given by a suspect in accordance with the Rules would be admissible in evidence.
The Rules:
The rules also included administrative guidance on access to defence counsel, and on questioning children and foreigners.
Five further rules were added to the original four Rules in 1918, and the rules were further explained in 1934 in a Home Office Circular 536053/23.
The Rules were reissued in 1964 as Practice Note (Judge's Rules) [1964] 1 WLR 152
, and were replaced in England and Wales in 1986 by Code C made under the Police and Criminal Evidence Act 1984
, a guideline that largely preserves the requirements set out in the Rules.
The status of the Judges' Rules in Jamaica
was considered by the Privy Council
in February 2006 in Shabadine Peart v. The Queen.
The Rules were first issued in 1912 by the judges of the King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
to give English police forces guidance on the procedures that they should follow in detaining and questioning suspects. The Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
had requested the judges to explain how an investigation should be conducted to avoid the resulting evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
being ruled inadmissible in court. The rules were intended to halt a divergence in practice that had developed among different police forces, and replaced earlier informal guidance, such as Sir Howard Vincent's Police Code and Manual of Criminal Law.
The Judges' Rules were not rules of law, but rather rules of practice for the guidance of the police, setting out the kinds of conduct that could cause a judge to exercise discretion to exclude evidence, in the interests of a fair trial. High Court judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
Lawrence J explained in R. v. Voisin [1918] 1 KB 531
Legal citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions , statutes, regulations, government documents, treaties, and scholarly writing....
, that:
The rules did not alter the law on admissibility of evidence, but became a code of best practice: it was assumed that statements given by a suspect in accordance with the Rules would be admissible in evidence.
The Rules:
- allowed the police to question any person with a view to finding out whether, or by whom, an offence had been committed
- required the police to give a caution when they had reasonable grounds to suspect that a person had committed an offence
- required a further caution when a person was charged and prohibited questioning afterwards charging save in exceptional circumstances
- required a record of questioning to be kept
- gave guidance on the best way to record a formal written statement
The rules also included administrative guidance on access to defence counsel, and on questioning children and foreigners.
Five further rules were added to the original four Rules in 1918, and the rules were further explained in 1934 in a Home Office Circular 536053/23.
The Rules were reissued in 1964 as Practice Note (Judge's Rules) [1964] 1 WLR 152
Legal citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions , statutes, regulations, government documents, treaties, and scholarly writing....
, and were replaced in England and Wales in 1986 by Code C made under the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
, a guideline that largely preserves the requirements set out in the Rules.
The status of the Judges' Rules in Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
was considered by the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
in February 2006 in Shabadine Peart v. The Queen.