Confessions Flashcards
What is a confession in the context of hearsay?
A confession is any statement that is wholly or partly adverse to the person who made it. It is admissible if it is relevant to a matter in issue. Confessions are a specific type of hearsay with special rules.
Under what circumstances can the admissibility of a confession be challenged?
Challenges to admissibility can be made under s76 PACE if:
1) There was oppression, such as torture, inhuman or degrading treatment, or violence (or the threat of it).
2) Things said or done were likely to make the confession unreliable (e.g., offering bail or a caution in exchange for a confession, overstating police evidence, or interviewing an unfit suspect).
What must be proven for a confession to be excluded?
There must be acausal linkbetween the oppression or things said or done and the confession. If the confession would have been made regardless, it will not be excluded. The burden of proof is on the prosecution to show beyond reasonable doubt that neither oppression nor improper conduct occurred. If the prosecution fails to do so, the confessionmustbe excluded.
What happens if the prosecution fails to prove the confession was not obtained by oppression or improper conduct?
If the prosecution cannot prove beyond a reasonable doubt that oppression or improper conduct did not occur, the confessionmustbe excluded. This is mandatory; the court has no discretion in this case.
How is the admissibility of a confession decided in the Crown Court (CC)?
In theCrown Court, admissibility is decided in avoir direhearing, which takes place in the absence of the jury. If the confession is deemed inadmissible, the jury will not hear about it.
How is the admissibility of a confession decided in the Magistrates’ Court (MC)?
In theMagistrates’ Court, the bench decides matters of both fact and law. If the bench rules a confession inadmissible, they must disregard it when deciding the case.
What does s78 PACE allow the court to do in terms of excluding evidence?
Unders78 PACE, the court has discretion to exclude any evidence if admitting it would have anadverse effect on the fairnessof the proceedings. This is a discretionary power and is usually applied to substantial breaches (e.g., illegal searches, improper ID procedures, confessions, covert surveillance).
