Confessions Flashcards
Confession must be adverse at time it was made
Hasan: originally claimed duress but was inculpatory by time of trial so excluded. HL reversed decision.
Oppression test for confessions
S 76(2)(b) PACE
Oppression given ordinary dictionary meaning & bad faith generally required
Fulling: F confessed after being told lover’s mistress was in next cell. Claimed distress caused confession.
Verbal abuse is sufficient for oppression of confession
Miller
Characteristics of D taken into account when deciding whether confession obtained by oppression
Spens: sophisticated & intelligent
Reliability test for confessions
S 76(2)(b) PACE
No need for bad faith for reliability test for confessions
Harvey
Circumstances existing at time under reliability test for confessions restrictively interpreted to mean D must have been in vulnerable or emotional state at time
Harvey: H told of lover’s confession to murder. She was psychopath of low intelligence so confession should have been excluded
Something said or done under reliability test for confessions need be extraneous to D
Goldenberg: heroin
Breaches of stat code or s 58 PACE, particularly if accompanied by bad faith, often leads to confessions exclusion under s 78 PACE
Kirk: not told about level of offence with which charged so conviction for manslaughter quashed. Code C para 10.3 & art 5
Common law test for exclusion of confessions
S 82(3) PACE: if evidence wrongly admitted, judge directs jury not to take account of it
Alladice
Police concerned solicitor might advise A to remain silent. No ground for in admissibility as had crim record & knew rights so no difference
Samuel
Right to legal advice one of most important &a fundamental rights & denial led to exclusion
Later properly obtained confession may be tainted by earlier confession inadmissible due to s 76(2)(a) or (b)
McGovern: pregnant young woman with low IQ. Both confessions should have been excluded
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
AG v SoS for HD (No 2)
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
Hayter
Two individuals on even terms: silence in face of accusation may amount to confession
Parkes: D silent when asked by C why he had stabbed her daughter. Evidence of guilt
Jury may draw adverse inferences from silence only if following conditions satisfied (s 34 CJPOA)
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
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
Murray v UK
S 34 compatible with ECHR and not violation to permit inferences if D claimed relied on legal advice. Important judicial directions
Condron v UK
D risks adverse inference if does not give evidence but counsel introduces fact in defence
Webber
Steps to take when D all alleges confession unreliable
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
Mason
Police pretended M’s fingerprints found at scene. Deliberate and serious malpractice may lead to exclusion of confession under s 78
Walsh
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
