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Court of Appeal quashes acquittal by the Circuit Court, and orders retrial of mother on counts of sexual assault and neglect of children, where the trial judge had excluded admissions made by her during an interview by a forensic psychologist in wardship proceedings, on the grounds that the interests of justice would have been served by allowing the contents of the interviews to be adduced at trial.
Birmingham P: Criminal law - sexual offences - three different complainants - complaint by sons against their mother - further count of ""causing, procuring or allowing a child in her custody to be assaulted, ill-treated, neglected, or exposed in a manner likely to cause unnecessary suffering or injury" - exclusion of evidence - acquittal on all counts - s. 23 of the Criminal Procedure Act 2010 - whether trial judge erred in excluding evidence - whether to quash acquittal - whether evidence compelling - material circulated online - depictions of abuse of children in home of accused - interview of mother by forensic psychologist in wardship proceedings - decision by DPP to prosecute - exclusion of psychologist's evidence by trial judge - whether trial judge correct to exclude evidence - agreement to participate in interview - whether accused warned about incriminating herself - use of polygraph - whether admissions were voluntary within meaning of criminal law.
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