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Suspects should have right to respond before charge, appeal court told
Summary
In a 2020 Court of Appeal hearing, Brendan Grehan SC argued that a person suspected of a serious offence should be allowed to respond to allegations before being formally charged. He cited a case where a man was charged with reckless endangerment without being arrested or interviewed, leading his lawyers to claim he had no chance to present his side before trial. The trial judge acquitted him on that charge, stating the accused had been denied an opportunity to give a memo of interview to the jury and was forced into giving evidence. Grehan stressed that the right not to testify in defence requires an opportunity to respond to allegations prior to charge. James Dwyer SC, representing the Director of Public Prosecutions, countered that police discretion allows charging without prior interview. The Court of Appeal will issue a judgment later.
Who, what, where, when and why
What: Report matter: Suspects should have right to respond before charge, appeal court told. Procedural stage: appeal
When:
- 2020-11-09 Publication
Case subjects
Accused
Places mentioned
- Court of Appeal
Topics
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