As PC Holroyd was investigating a theft, during which a number of watches were stolen, he saw David leaving the Three Kings public house. PC Holroyd knew David and was aware of his previous convictions for theft. PC Holroyd stopped David and asked him what he knew about the theft and the watches. David said he knew nothing about any theft or any watches.
PC Holroyd told David that he did not believe him and informed David that he was going to search him to check for the stolen watches. David told PC Holroyd that he objected to being searched, and that there was no reason for him to be searched. Despite David's objection, PC Holroyd searched David, who continued verbally to object to being searched, but offered no physical resistance.
The search revealed no stolen items. PC Holroyd told David that he still did not believe that he knew nothing about the theft so he arrested David and took him to the police station. On the journey PC Holroyd continued to question David about the thefts.
David was detained in the police station for 14 hours, during which time he made a number of requests to telephone a solicitor, all of which were refused. He also made a number of requests to telephone his wife because he wanted to let her know that he was safe. These also refused.
During his detention, David was questioned for 8 hours without a break, during which time he was given no refreshments. David eventually admitted to having stolen the watches after he was promised he would be able to telephone his wife and be released on bail if he confessed. David was charged with theft and released on police bail.
David now denies having stolen the watches.
Advise David on the legality of the actions of the police and on the admissibility of the confession at any subsequent trial.
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