Where the prosecution case relies wholly or mainly on the confession of a mentally handicapped person made without an independent person present, the judge is required to warn the jury that there is a special need for caution before convicting in reliance upon it1. Where the trial is one without a jury the court must treat the case as one in which there is a special need for caution before convicting the accused on his confession2. The Code of Practice for the detention, treatment and questioning of persons by police officers
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