| 单词 | Prison informer warning |
| 释义 | 監獄舉報人警告 A warning given by a trial judge to a jury where a witness has been called by the prosecution who is a prisoner giving evidence of a confession allegedly made by the accused to the witness in prison. The warning should indicate that the evidence is easily concocted and the informer will be of bad character, and has a motive to fabricate evidence. Evidence by a police informer who is not in gaol does not require a special warning. However, in Hong Kong, an admission made to a fellow prisoner would not be regarded as involuntary as such. A prisoner is not considered to be a person in authority: R v Ali & Hussein [1966] 1 QB 688; R v Steward (1970) 54 Cr App R 210. The situation is different if the prisoner is a police officer in disguise. Even if the admission is made voluntarily, there is strong ground for the court to exercise the discretion to exclude the evidence: R v Lee Yi Choi [1985] 1 HKC 578. See also Direction to jury; Informer; Prison informer. 由審訊法官向陪審團發出的警告, 如證人是由控方傳召， 而他是囚犯，並就指稱由被告向在監獄的證人作出的供狀作供。警告需顯示有關的證據容易編造, 舉報人會有不良品格及有捏造證據的動機。由不在監牢的警察舉報人提出的證據不需特別的警告。但在香港， 對在一起的囚犯作出的認罪不會被視為自願的認罪。某人不被認為是有權限的人: R v Ali & Hussain [1966] 1 QB 688; R v Steward (1970) 54 Cr App R 210。如囚犯是假扮的警務人員則情況不同。即使認罪是自願作出， 法庭有強烈的理行使酌情權免除證據: R v Lee Yi Choi [1985] 1 HKC 578。另見 Direction to jury; Informer; Prison informer。 |
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