Jack Allan

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Jack Allan was arrested for flashing at three girls, aged 10, 11, and 13.He admitted to the offence at a police interview. However, evidence suggested that he suffered from an identity disorder that made him suggestible and compliant, and Allan argued that the interview took place in the early hours of the morning when he was very tired and had requested but been refused regular breaks, as a result of which he was unfit to be interviewed. He also stated that he had been subject to threats and inducement. However, as a result of decisions by the trial judge (e.g. sustaining the Crown’s objection to a line of evidence about how Allan felt during the police interview) problems with the admissions were not fully explored at tial. Although there was other evidence in the case, the Crown did rely on the admissions since the identification evidence was challenged. The court found that this meant that it was important that the jury were able to approach their considerations of those admissions in light of all of the material evidence relating to them, but the jury had been prevented from doing so as a result of the judge’s decisions. In these circumstances the court were satisfied that a miscarriage of justice had occured, and the conviction was quashed.

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