Confessions Flashcards
What is a confession?
A statement made which is either wholly or partly adverse to the person who made it
When is a confession admissible?
When it is relevant to an issue.
Subject to some safeguards
Is a guilty plea a confession?
Yes
What will make a confession inadmissible?
If it was or may have been obtained by oppression
What remains admissible after a confession is excluded for oppression?
The facts uncovered as a result of the confession
The confession as evidence that the accused speaks or expresses themselves in a particular way
Can a co-accused raise a confession given another accused in proceedings
Yes, under s.76A.
Subject to the same criteria as other confessions
What is the effect of a challenge to a confession’s reliability?
P must prove to a criminal standard that the confession was not obtained by oppression.
If they cannot it MUST be excluded. No discretion.
Can a part of a confession be excluded?
Yes
Are all breaches of the PACE code of conduct oppressive?
No - matter of degree.
Raising voice and swearing - no
bullying and hectoring - yes
Does oppression take into account the nature of the individual?
Yes - egg shell skull basically
What is the relevance of s.78 to confessions?
Can be used to exclude as it can be said that it would have such an adverse effect on fairness it should be excluded
Who is the burden on under s.78?
The accused
What can a voir dire be used for in the crown court?
It can be used to judge:
competence of a witness
admissibility of confession or hearsay
admissibility of a recording
admissibility of a statement contained in a document produced by a computer
Admissibility of a plea of guilt who subsequently changes their plea to NG
Can a voir dire happen in mags?
No- there is no jury so no need.
However one is needed under s.76 (not sure how)
What is the general rule as it applies to evidence collected unlawfully, improperly or unfairly?
generally, how evidence was committed is irrelevant
What is the relevant test for excluding evidence under s.78 PACE?
The unfairness that would ensue from its admittance.
It is not the unfairness that flows from the breach of PACE itself.
The court should have regard to all the circumstances of the case including how the evidence was obtained
