Confessions Flashcards
What is a confession in criminal law?
A statement by an accused that is adverse to their interests, made to a person in authority.
Why are confessions admissible despite being hearsay?
It’s presumed that no person would falsely confess to a crime.
What are the 3 key requirements for a confession to be admissible?
- Voluntary
- No breach of constitutional rights
- No breach of Judges’ Rules, Custody or Recording Regs (unless excused)
Who must prove a confession is voluntary?
The prosecution, beyond a reasonable doubt.
What makes a confession involuntary?
Threats, promises, oppression, or anything that overcomes free will.
Key case setting the voluntariness standard?
State v Treanor (1924)
Who is considered a ‘person in authority’?
Anyone involved in arrest, detention, investigation, or prosecution (DPP v McCann).
Can a civilian be a person in authority?
Yes – e.g., school principal in McLintock (1962).
What is an inducement?
A threat or promise made by a person in authority to get a confession.
Are threats to family considered inducements?
Yes – e.g., DPP v Hoey (1987).
Is Garda impatience an inducement?
No – AG v Gavin (1964).
Example of inadmissible confession due to a promise?
AG v Flynn (1963) – lunch chat led to inadmissible statement.
What is oppression in this context?
Pressure so intense that the accused’s will is overborne (R v Praeger).
Case where lengthy questioning = oppression?
DPP v Lynch (1982) – 22 hours of questioning.
Can aggressive interrogation alone be oppression?
Not necessarily – see DPP v McCann (1998).
Are Judges’ Rules binding law?
No – they are administrative but affect admissibility.
Does breach of a Judge’s Rule automatically exclude a confession?
No, but it gives discretion to the judge (McCarrick v Leavy).
What case emphasized explanation of breach is needed?
DPP v Farrell (1978)
What is the standard police caution?
“You are not obliged to say anything unless you wish to do so, but what you say may be used in evidence.”
When must a caution be given?
When the Garda forms the intention to charge (DPP v Byrne).
What law introduced custody safeguards?
Criminal Justice Act 1984 – Custody Regulations 1987.
Maximum continuous questioning period?
4 hours (then a break is required).
Can under-17s be questioned alone?
No – parent/guardian must be present.
Can questioning occur if the person is intoxicated?
No – they must be capable of understanding.
What happens if regulations are breached?
Confession may be excluded (DPP v O’Connell, DPP v McFadden).
What governs interview recording?
1997 Electronic Recording Regulations.
Is the suspect told interviews may be recorded?
Yes – they must be informed.
Key case showing importance of recording for fairness?
DPP v Murphy (2005)
What if interviews aren’t properly recorded?
May lead to retrial or exclusion (DPP v Diver (2005))
Give examples of when a confession will be excluded.
- Threat or promise
- Oppression
- Psychological pressure
- Drug/alcohol use
- Excessive questioning
- Unfair methods
