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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
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In 1912 the judges, at the request of the Home
Secretary, drew up some rules as guidance for police officers. These rules have not the force of law; they are administrative directions the observance of which the police authorities should enforce upon their subordinates as tending to the fair
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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.
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administration of justice. It is important that they should do so, for statements obtained from prisoners, contrary to the spirit of these rules, may be rejected as evidence by the judge presiding at the trial.
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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.
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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
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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
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required a further caution when a person was charged and prohibited questioning after charging save in exceptional circumstances
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The rules also included administrative guidance on access to defence counsel, and on questioning children and foreigners.
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allowed the police to question any person with a view to finding out whether, or by whom, an offence had been committed
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Code C-revised : Code of
Practice for the Detention, Treatment and Questioning of Persons by Police Officers
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required the police to give a caution when they had evidence to suspect that a person had committed an offence
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had requested the judges to explain how an investigation should be conducted to avoid the resulting
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guidance on the procedures that they should follow in detaining and questioning suspects. The
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far afield as
Jamaica, Zambia and Western Samoa where English law is followed.
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In
England and Wales the rules have been replaced by Code C made under the
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Judgment of the Lords of the
Judicial Committee of the Privy Council
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gave guidance on the best way to record a formal written statement
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275:"Judges' Rules and Police Interrogation in England Today"
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The Rules were first issued in 1912 by the judges of the
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308:"Shabadine Peart v. The Queen (Jamaica)"
279:Journal of Criminal Law and Criminology
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169:Police Code and Manual of Criminal Law
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