*2-Confession Evidence Flashcards
under what sections of PACE does confession evidence come under
82- Definition
76- Admissibility and exclusion
definition of a confession
any statement wholly or partly adverse to the maker, whether in authority or not and whether made in words or otherwise
who must be confessions made to
anyone even a cat
confessions include which statements
mixed statements
when are they used
in prosecutions case in interests of justice
cja 2003
what is usually not a confession
something which tries to exclude guilt
section 76 of pace relates to what
admissability of confession and exclusion
what does section 76 (1) allow
hearsay evidence but only excluded if section 76(2) says so
what does section 76 2 do
excludes confession evidence
why may confession evidence be excluded
76 2 a- oppression
76 2 b-unreliable
where are the examples of oppression
section 76 8
what are examples of oppression
torture, inhumane treatment, violence
r v fulling
oppression has ordinary dictionary meaning
r v paris
oppression includes being bullied and hectored
r v l
extreme pressure can be oppression but only typically when D has lower intelligence or is excessive in length
what is section 76 2 b
when confession is unreliable
typically when something police or someone else does makes it unreliable
what doesn’t make something unreliable
Ds own actions
who must prove something not unreliable
Goldenberg proves not unreliable
why even if D admits truth could it still be inadmissible
yes things such as mental and physical conditions considered.
lack of what can show unreliability
lack of appropriate adult mcphee v r
denying right to solicitor Cherie Mcgovern
does a breach of PACE mean confessions get excluded
not automatically excluded under section 78 but more likely to cause arguments
what does section 76 4/5 mean for evidence found as a result of wrongful confession
evidence found as a result of inadmissable confession can still be used in a trail, however, the jury would just not be told where this evidence come from
does voir dire include a jury
no it doesn’t as jury can’t find out about any inadmissbale evidence
