*2-Confession Evidence

Question 1

under what sections of PACE does confession evidence come under

Answer 1

82- Definition

76- Admissibility and exclusion

Question 2

definition of a confession

Answer 2

any statement wholly or partly adverse to the maker, whether in authority or not and whether made in words or otherwise

Question 3

who must be confessions made to

Answer 3

anyone even a cat

Question 4

confessions include which statements

Answer 4

mixed statements

Question 5

when are they used

Answer 5

in prosecutions case in interests of justice

cja 2003

Question 6

what is usually not a confession

Answer 6

something which tries to exclude guilt

Question 7

section 76 of pace relates to what

Answer 7

admissability of confession and exclusion

Question 8

what does section 76 (1) allow

Answer 8

hearsay evidence but only excluded if section 76(2) says so

Question 9

what does section 76 2 do

Answer 9

excludes confession evidence

Question 10

why may confession evidence be excluded

Answer 10

76 2 a- oppression

76 2 b-unreliable

Question 11

where are the examples of oppression

Answer 11

section 76 8

Question 12

what are examples of oppression

Answer 12

torture, inhumane treatment, violence

Question 13

r v fulling

Answer 13

oppression has ordinary dictionary meaning

Question 14

r v paris

Answer 14

oppression includes being bullied and hectored

Question 15

r v l

Answer 15

extreme pressure can be oppression but only typically when D has lower intelligence or is excessive in length

Question 16

what is section 76 2 b

Answer 16

when confession is unreliable

typically when something police or someone else does makes it unreliable

Question 17

what doesn’t make something unreliable

Answer 17

Ds own actions

Question 18

who must prove something not unreliable

Answer 18

Goldenberg proves not unreliable

Question 19

why even if D admits truth could it still be inadmissible

Answer 19

yes things such as mental and physical conditions considered.

Question 20

lack of what can show unreliability

Answer 20

lack of appropriate adult mcphee v r

denying right to solicitor Cherie Mcgovern

Question 21

does a breach of PACE mean confessions get excluded

Answer 21

not automatically excluded under section 78 but more likely to cause arguments

Question 22

what does section 76 4/5 mean for evidence found as a result of wrongful confession

Answer 22

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

Question 23

does voir dire include a jury

Answer 23

no it doesn’t as jury can’t find out about any inadmissbale evidence