Confessions

Question 1

What are the concerns regarding confession evidence?

Answer 1

Authenticity, legitimacy and reliability

Question 2

Which Code is relevant to confession evidence?

Answer 2

Code C PACE 1984

Question 3

What did the case of R v Sat-Bhambra make clear?

Answer 3

S82(1) was not aimed at denials so a confession is only a mixed or wholly inculpatory statement, not an exculpatory one.

Question 4

Where can the exclusion of confession evidence criteria be found?

Answer 4

S76(2) PACE 1984

Question 5

How did the case of Dhorajiwala define ‘representation’?

Answer 5

A statement based on documents/evidence that a confession was/may have been obtained by oppression/is unreliable in consequence of a thing done or said.

Question 6

Which cases are relevant to s76(2)(a)?

Answer 6

Fulling

Davison

Question 7

Which cases are relevant to s76(2)(b)?

Answer 7

Gill
Goldenberg
Wahab
Delaney
Everett

Question 8

Where is the discretionary exclusion found?

Answer 8

S78 PACE 1984

Question 9

What did the case of Walsh highlight in relation to s78?

Answer 9

Does the adverse effect require exclusion of the evidence?

Question 10

Where is the common law power of exclusion found and when can it be used?

Answer 10

S82(3) PACE 1984, can be used even after evidence is admitted.

Question 11

What does s76(4) PACE 1984 make clear?

Answer 11

The fruit of the poisonous tree doctrine does not apply.