Confessions Flashcards

1
Q

Right to legal advice

A

Cadder v HMA - there is a right
HMA v P - confession can be inadmissible but evidence obtained as a result may admissible

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2
Q

Test of Fairness

A

Brown v HMA - confession may be inadmissible if obtained unfairly

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3
Q

What makes confession unfairly obtained

A

Absence of caution - Tonge v HMA
Manner of questioning - LAR No1 1983
Threats or inducements - Harley v HMA
A situation is engineered - HMA v Higgins

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