Confession evidence & s78 PACE

Question 1

What is the definition of a confession?

Answer 1

Any statement which is:
- wholly or partly adverse to the person who made it
- made to a person in authority or not
- made in words or otherwise

Question 2

What are the two sections of the Police and Criminal Evidence Act (PACE) 1984 that relate to confession evidence?

Answer 2

s76 & 78

Question 3

When do the prosecution have to prove that a confession is admissible?

Answer 3

Only if the defence represents that it is inadmissible or the court requires proof of admissibility

Question 4

How can confession evidence be challenged?

Answer 4

Due to it being obtained:
- by oppression
- unreliably
- if the confession would have an adverse effect on the fairness of proceedings

Question 5

If the admissibility of a confession is challenged, what happens?

Answer 5

A voir dire will take place which is a hearing in the absence of the jury (a trial within a trial)

Question 6

When must the court exclude a confession?

Answer 6

If it appears to the court that the confession was, or may have, been obtained by oppression (s76(2)(a)) or in circumstances that would render it unreliable (s76(2)(b))

Question 7

What is included in oppression?

Answer 7

Being tortured, or treated in an inhumane or degrading way or the use of violence

Question 8

What instances could render a confession unreliable?

Answer 8

• breaches of PACE - failing to appoint an appropriate adult
• the suspects vulnerabilities - taking advantage of a suspects learning difficulties
• the suspects emotional state - demanding a confession when they are in a distressed state

Question 9

Will a breach of PACE automatically lead to having the confession excluded?

Answer 9

No - only if it results in the confession being unreliable

Question 10

What does s78 of PACE state regarding confessions?

Answer 10

A confession may be excluded if the court considers that the admission of the confession would have such an adverse effect on the fairness of proceedings that it ought not to be admitted

Question 11

What does s78 PACE state regarding any prosecution evidence?

Answer 11

Any evidence that the prosecution proposes to rely on MAY not be allowed if the court is persuaded in all of the circumstances, including how the evidence was obtained, admitting the evidence would have an adverse effect on the fairness of the proceedings

Question 12

Can the prosecution seek to exclude evidence using s78 PACE?

Answer 12

No - only can be used for exclusion of prosecution evidence