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
2
Q
Test of Fairness
A
Brown v HMA - confession may be inadmissible if obtained unfairly
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