Interrogations-and-Confessions-Handbook

Table 16.1. Some leading British court of appeal cases
The Court of Appeal 439
Offence & year Nature of relevant Year of
Name of case of conviction vulnerability appeal Outcome
1. ‘Guildford Four’ Terrorist offences, See Chapter 17 1989 Conviction quashed;
murder: 1975 no retrial
2. ‘Birmingham Six’ Terrorist offences, See Chapter 17 1991 Conviction quashed;
murder: 1975 no retrial
3. ‘Tottenham Three’ Murder: 1987 Borderline IQ, 1991 Conviction quashed;
(Engin Raghip) suggestibility, compliance no retrial
4. R. v. Kiszko Murder: 1976 Hypogonadism, excessive 1992 Conviction quashed;
fear of police, naivity, no retrial
mental illness?
5. R. v. Fletcher Murder: 1988 Borderline IQ, undue 1992 Conviction quashed;
feelings of guilt no retrial
6. R. v. Ward Terrorist offences, Personality disorder, 1992 Conviction quashed;
murder: 1974 suggestibility, confabulation no retrial
7. The Queen v Allen Murder: 1986 Compliance 1992 Conviction quashed;
(Belfast) no retrial
8. R. v. MacKenzie Manslaughter: Personality disorder, 1992 Conviction quashed;
1990 borderline IQ, suggestibility, no retrial
compliance, serial confessor
9. The Darvell Murder: 1986 Borderline IQ, suggestibility 1992 Conviction quashed;
Brothers no retrial
10. R. v. Miller Murder: 1990 Borderline IQ, suggestibility, 1992 Conviction quashed;
compliance no retrial
11. R. v. Ali Murder: 1990 Borderline IQ, compliance, 1994 Conviction quashed;
habitual lying retrial ordered
12. R. v. Long Murder: 1979 Depression 1995 Conviction quashed;
no retrial
13. The case of Carl Murder: 1979 Not applicable 1997 Conviction quashed;
Bridgewater (see Foot, 1998) no retrial
15. The Queen v Kane Murder: 1990 Borderline IQ, compliance, 1997 Conviction quashed;
(Belfast) anxiety proneness no retrial
15. R. v. Evans Murder: 1973 Memory problems, 1997 Conviction quashed;
confabulation, false no retrial
internalized belief
16. R. v. Bentley Murder: 1952 Epilepsy, educational 1998 Conviction quashed
and behavioural problems (posthumously)
17. R. v. Roberts Murder: 1983 Compliance 1998 Conviction quashed;
no retrial
18. R. v. King Murder: 1986 Borderline IQ, suggestibility, 1999 Conviction quashed;
compliance no retrial
19. R. v. Hall Murder: 1988 Personality disorder, 1999 Conviction quashed;
compliance, impulsivity, no retrial
habitual lying
20. R. v. Pendleton Murder: 1986 Suggestibility, compliance, 2000 Appeal dismissed;
acquiescence, anxiety convictions quashed
proneness by The House of
Lords 13.12.2001
21. The Queen v Murder: 1953 Suggestibility, confabulation, 2000 Conviction quashed;
Gordon (Belfast) sensitivity about sexuality no retrial
22. R. v. Fell Two counts of Personality disorder, 2001 Conviction quashed;
murder: 1985 compliance, attention seeking no retrial
Wendy Sewell was quashed by the Court of Appeal in London. No reference
was made to psychological or psychiatric evidence. It was the failure of the
police to caution Mr Downing and provide him with a solicitor during eight
hours of interrogation that was crucial in overturning his conviction (Boggan,
2002).
The English cases were all heard in the Royal Courts of Justice in the Strand,
London, whereas the three Northern Ireland cases were heard in the Royal