General reaction from clinicians to the #BawaGarba case:
'If you're going to prosecute us, we're going to cover up more. These are unintended consequences.'
General reaction from NHS complainants:
'And? You've been doing that for decades anyway. Nothing unintended about it.'
If a murderer confessed in a state of shocked reflection immediately after committing the crime, would you have the courts rule that evidence inadmissible too? The courts can still judge the relevance. I'm not pretending to have all the answers here, but I'm searching for them.
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She isn’t a murderer. That requires intent
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I never suggested otherwise. Pick a crime. The point is a generic one.
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Without caution to police would be inadmissible. To other person they would be called as witness and it’s whether they are credible
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1/2 Been thinking about this - took me a while to find the thread again! I don't think the right to remain silent and an individual statutory duty of candour would be incompatible on reflection. Assuming we agree that anyone guilty of actual gross negligence should be prosecuted?
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2/2 Where someone has committed such a criminal act, they would then have a choice: 1. Be candid & risk prosecution for gross negligence 2. Remain silent & risk prosecution for failure of stat duty if proven (likely by others around also with a stat duty to be candid about you).
End of conversation
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It would if they hadn’t be cautioned first. A case collapsed on that basis which recovered a young woman’s body. Detective went to disciplinary too
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See the Cadder ruling in Scotland. A case that changed practice in police stations across the country. Summary: young boy answered questions at interview, charged & convicted. Challenged as not given advice on silence beforehand.
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