3 Confessions and unlawfully obtained evidence Flashcards
What is the definition of confession?
Wholly or partly adverse
Who is confession admissible against?
Only the maker unless co-D adopted it
What are the two sections used to exclude confession?
76 & 78
How can you exclude confessions via 76?
- Oppression
- Something said or done which likely made the confession unreliable
What’s the difference between 76 and 78?
In 76, judges doesn’t have the discretion if prosecution failed to prove BRD that confession was obtained accordingly.
What does the defence has to do to objection admission of confession?
Just raise or represent that to court
Is the truth of confession relevant for 76?
No
Is oppression subjective or objective?
It is subjective!
How the judge decides the lawfulness of confessions?
Vior dire
How to exclude confessions under 78?
Unfairness to D
What is the scope of 76 and 78?
78 is wider because it applies to all breaches of PACE
What the court takes into consideration for 78?
Judge still have discretion to include even of prosecution didn’t prove BRD.
- Significant and substantial breach?
- Importance of right?
- Significance of confession?
- Police acted in good faith?
