9.6 Confession Evidence Flashcards
Definition of Confession
‘any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise’
Is a confession admissible at trial?
Yes, it is an exception to the hearsay rule
What are mixed statements? Are they admissible at trial?
- Statements which include a confession and other statements favourable to the defendant
- Mixed statements are admissible as an exception to the hearsay rule
Is evidence given by a co-defendant at trial admissible in evidence against the defendant?
YES
- Also, if the co- defendant has pleaded guilty at an earlier hearing and is giving evidence for the prosecution at the trial of the defendant, any evidence given implicating the defendant in the commission of the offence will be admissible in evidence against the defendant.
How can a defendant challenge the admissibility of a confession at trial
Arguing:
a. they did make the confession but it should not be admitted
b. they did not make the confession, and the person claims that it was made was mistaken or fabricated evidence of it
s 76 PACE Purpose and Explanation
If a defendant argues that the confession was contained (a) by oppression of the person making it or (b) in consequence of anything said or done (which was likely in the circumstances) to render unreliable the confession, the court should allow it to be given in evidence except if the prosecution can prove beyond reasonable doubt that the confession was not obtained as claimed
Application under s 76 PACE: Oppression
Includes torture, inhuman or degrading treatment and the use or treat of violence (whether or not amounting to torture)
- Or, exercise of power in a burdensome, harsh, or wrongful manner, unjust or cruel treatment, the imposition of unjust or unreasonable burdens
Application under s 76 PACE: Unreliability
This does not require deliberate police misconduct but the thing done will generally be a breach of Code C and could lead to exclusion on these grounds, including situations such as :
- denying suspect refreshments / periods of rest between interviews
- offering a suspect inducements to confess
- misrepresenting the strength of the prosecution case
- Questioning in an inappropriate way (eg. repeatedly asking same question or badgering)
- questioning a suspect not in a fit state to be interviewed (eg. under the influence, or suffering from certain medical condition)
- Need to give suspect medications they need etc.
- threatening a suspect
- denying suspect access to legal advice
When will denial of access to legal advice NOT render evidence unreliable (and therefore, inadmissible) under s 76 PACE
If the defendant is an experienced criminal who is aware of this rights, this denial will likely not result in a causal link between the act and the confession
When can a co-defendant rely on a confession made by another defendant?
A defendant can adduce evidence that their co-defendant has confessed where both defendants plead not guilty and are tried jointly
When must court exclude evidence of a co-defendant’s confession:
If the codefendant claims his confession was due to (1) oppression or (2) circumstances rendering it unreliable
If a confession was obtained in such a way as to render it unreliable - can it be excluded on these grounds?
If the prosecution cannot prove that it was NOT obtained unreliably - the court must exercise its discretion to exclude it under s 76 PACE
Can the police interview a defendant at their home?
No, they must interview the arrested suspect at the police station only - or else breach of Code C
Definition of confession
A confession is defined as ‘any statement wholly or partly adverse to the person who made it whether made to a person in authority or not and whether made in words or otherwise’ (s.82(1) PACE 1984).
If a confession is ruled inadmissible but has helped the police discover facts about the offence (ie. location of the stolen items) - can this be used in evidence?
Yes - so long as they can be reasonably linked to the defendant
