Interrogations-and-Confessions-Handbook

Police Impropriety 517
It is fair to the learned judge to say that, although he was invited to listen in
part to tape 7, it was played only up to page 17 of the transcript. The bullying and
shouting was from page 20 onwards. Why this most important part was not played
to the learned judge has not been explained to us. Had he heard the rest of it, as
we did, we do not believe he would have ruled as he did.
The judges were very critical of the techniques of interrogation adopted by the
police in the case and considered them
wholly contrary to the spirit and in many instances the letter of the code laid down
under the Act. In our view, those responsible for police training and discipline must
take all necessary steps to see that guidelines are followed (p. 110).
The judges were also very critical of the solicitor who was present during all 19
interviews and failed to intervene when he should have done.
The judges raised the important point that the proper recording of the interviews
in accordance with PACE enabled them to listen to the interrogation
and review the problems that emerged.
The final words in the judgment were:
At the conclusion, we now direct the learned registrar to send copies of tape 7
to the Chief Inspector of Constabulary, to the Director of Prosecution and to the
Chairman of the Royal Commission on Criminal Justice (p. 110).
Comments
The post-PACE case of Stephen Miller demonstrates the fact that the introduction
of PACE, with all its in-built protections for detainees, has still not
entirely eliminated unreliable confessions and wrongful convictions. Miller, a
psychologically vulnerable man, was broken down by oppressive interrogation
techniques in the presence of a solicitor.
Fortunately, all the police interviews were tape recorded, which made it possible
to capture the nature and intensity of the techniques used by the police to
break him down to obtain a confession. Without these crucial tapes the extent
of the oppressive questioning would never have been properly revealed and his
appeal would probably have failed.
ALFRED ALLEN (THE ‘UDR FOUR’)
Mr Adrian Carroll, a member of a Republican family, was shot at approximately
4.30 p.m. on 8 November 1983, outside his home in the centre of Armagh, after
returning home from work. He was 24 years of age. He was shot three times
from a revolver or pistol and died in hospital at 7.20 p.m. that same evening
without regaining consciousness. Four UDR (Ulster Defence Regiment) soldiers
based in Armagh, Alfred Winston Allen, Noel Bell, Neil Fraser Latimer, and
James Irwin Hegan, were arrested, interrogated, and convicted on 1 July 1986
of the murder. The trial had proceeded as a Diplock Court (in the absence of