Confessions Flashcards
What case states a confession will be inadmissible if it is unfairly obtained?
Brown v HMA
What cases states that fairness is not the same as good faith?
Jack v HMA (honest moment over cigarette).
What case states that any confession given without access to legal advice is inadmissible?
Cadder
When does the right to legal advice begin? Two cases comparison
Ambrose v Harris - when not a suspect there is no right. HMA v G there is a right as soon as freedom is curtailed.
Which case states that an spontaneous response is admissible?
Gilmour
What case states there is no right to legal advice over rejecting legal advice?
Mcgowan v B
Which case says pressure and attempts to break the will of the suspect will not be admissible?
Lord Adv Ref (1 of 1983)
What case was the confession inadmissible because the police threatened to question the woman the suspect had been having an affair with meaning her husband would find out?
Harley v HMA
Which confession was admissible when suspect was told her children would have to be looked after by social workers?
Stewart v Hingston (statement of fact)
In which case was the confession inadmissible because the police said the suspects lawyer was rubbish?
Hawkins
What case states that if a conversation is accidently overheard it will be admissible?
Jamieson v Annan
Which case states that deliberate engineering by the police will reuslt in inadmissible confessions?
HMA v Higgins
Which cases state that confessions made while intoxicated are admissible?
Graham and Thomson
Which case considered confession inadmissible due to the mental incapacity of accused?
Gilgannon
Which case made confession inadmissible because suspect was not fully awake?
Mclory v MacInnes
