Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Judge says police tell lies in court: Independent witnesses 'should hear confessions'

Monday 01 November 1993 19:02 EST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A LEADING Scottish judge yesterday accused police officers of telling lies in court in order to secure convictions.

Lord McCluskey, a former Solicitor-General for Scotland, said off-the-record confessions to police should no longer be admissible evidence in Scotland.

'In my view, not just in Scotland, but south of the border and elsewhere, the police do manufacture false confessions, perjure, and plant evidence,' he said.

'One always hopes it is disappearing now, but it has not fully disappeared.'

Lord McCluskey, a judge since 1984, sits in the Court of Session in Edinburgh. He told an audience of law students in Aberdeen that he was sceptical when juries were told of confessions made to only one police officer.

'What worries me is this - let us think when these confessions are made,' he said. 'In my time some of the most damning confessions have been made or have been said to have been made in the back of a police car on the way from the accused's house.'

Lord McCluskey said it was 'surprising' that an accused person would tell all to the police and then refuse to say anything on-the-record or in front of independent witnesses.

He called for facilities to be made constantly available to allow accused people to repeat alleged confessions in front of independent witnesses.

'They should be able to be placed before a judicial officer 24 hours a day, 365 days a year,' he said. 'We have to find the resources to enable this to be done.'

But his comments drew criticism from members of the police. Douglas Keil, general secretary of the Scottish Police Federation, said: 'I think that Lord McCluskey has made an irresponsible and sweeping generalisation about generations of police officers.'

A spokesman for the Association of Chief Police Officers said it was dangerous to generalise about any individuals or about the service in particular.

''It is difficult to comment without seeing the full speech and looking at the comments in context,' the spokesman said. 'However, any generalisations are dangerous.'

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in