Confessions

Question 1

Confession must be adverse at time it was made

Answer 1

Hasan: originally claimed duress but was inculpatory by time of trial so excluded. HL reversed decision.

Question 2

Oppression test for confessions

Answer 2

S 76(2)(b) PACE

Question 3

Oppression given ordinary dictionary meaning & bad faith generally required

Answer 3

Fulling: F confessed after being told lover’s mistress was in next cell. Claimed distress caused confession.

Question 4

Verbal abuse is sufficient for oppression of confession

Answer 4

Miller

Question 5

Characteristics of D taken into account when deciding whether confession obtained by oppression

Answer 5

Spens: sophisticated & intelligent

Question 6

Reliability test for confessions

Answer 6

S 76(2)(b) PACE

Question 7

No need for bad faith for reliability test for confessions

Answer 7

Harvey

Question 8

Circumstances existing at time under reliability test for confessions restrictively interpreted to mean D must have been in vulnerable or emotional state at time

Answer 8

Harvey: H told of lover’s confession to murder. She was psychopath of low intelligence so confession should have been excluded

Question 9

Something said or done under reliability test for confessions need be extraneous to D

Answer 9

Goldenberg: heroin

Question 10

Breaches of stat code or s 58 PACE, particularly if accompanied by bad faith, often leads to confessions exclusion under s 78 PACE

Answer 10

Kirk: not told about level of offence with which charged so conviction for manslaughter quashed. Code C para 10.3 & art 5

Question 11

Common law test for exclusion of confessions

Answer 11

S 82(3) PACE: if evidence wrongly admitted, judge directs jury not to take account of it

Question 12

Alladice

Answer 12

Police concerned solicitor might advise A to remain silent. No ground for in admissibility as had crim record & knew rights so no difference

Question 13

Samuel

Answer 13

Right to legal advice one of most important &a fundamental rights & denial led to exclusion

Question 14

Later properly obtained confession may be tainted by earlier confession inadmissible due to s 76(2)(a) or (b)

Answer 14

McGovern: pregnant young woman with low IQ. Both confessions should have been excluded

Question 15

Jury can know of finding of real evidence as result of info given in inadmissible confession provided don’t know how police came to find it

Answer 15

AG v SoS for HD (No 2)

Question 16

If D1 confessed and implicates D2, confession only admissible against D1. But if jury satisfied D1 is guilty, may use finding of guilt as evidence of guilt of D2

Answer 16

Hayter

Question 17

Two individuals on even terms: silence in face of accusation may amount to confession

Answer 17

Parkes: D silent when asked by C why he had stabbed her daughter. Evidence of guilt

Question 18

Jury may draw adverse inferences from silence only if following conditions satisfied (s 34 CJPOA)

Answer 18

D questioned by person charged with investigating offences
D given general caution, code C para 10.4 and no other breaches
D given opportunity to consult solicitor
D mentioned at trial something did not refer to when questioned (Webber)
D reasonably expected to answer at time (Argent)
If testifies relied on legal advice, was it reasonable for him to (Hoare)
Clear directions

Question 19

Conviction should not be based wholly or mainly on inferences of guilt from silence and s 34 only applies if D had access to legal advice

Answer 19

Murray v UK

Question 20

S 34 compatible with ECHR and not violation to permit inferences if D claimed relied on legal advice. Important judicial directions

Answer 20

Condron v UK

Question 21

D risks adverse inference if does not give evidence but counsel introduces fact in defence

Answer 21

Webber

Question 22

Steps to take when D all alleges confession unreliable

Answer 22

Barry:
Identify what was said or done
Was is likely in circumstances to render confession unreliable (objective)
Did pros prove beyond reasonable doubt not obtained in that way?

B anxious to get bail as had custody of young son

Question 23

Mason

Answer 23

Police pretended M’s fingerprints found at scene. Deliberate and serious malpractice may lead to exclusion of confession under s 78

Question 24

Walsh

Answer 24

D denied solicitor, no recording of interview and given no opportunity to check it.
Serious breaches of stat and code may lead to exclusion of confession under s 78 even in absence of bad faith

Question 25

Knight

Answer 25

Adverse inferences cannot be drawn when pre trial statement comprehensive and no new material raised at trial

Question 26

Definition of confession

Answer 26

S 82(1) PACE