Confessions + Silence

Question 1

Confession - definition

Answer 1

s.82 (1) PACE

Question 2

Inculpatory + exculpatory statements must be taken together as a confession

Answer 2

Sharp

Question 3

Confession should be based off of known facts

Answer 3

Hulbert (charged with possession of stolen goods)

Question 4

Exclusion of confession

Answer 4

s.76 (2) CJA 03
s. 78 CJA 03

Question 5

Oppression

Answer 5

s.76 (8) CJA 03
Fulling
Paris (borderline mental disorder, confessed after police shouted at him)

Question 6

Voir dire

Answer 6

s.76 (2) CJA 03
Wong Kam-ming (ambush and kill parlour manager)

Question 7

Breaching Code of Practise

Answer 7

s.78 CJA 03
Mason (police telling D that they have evidence when they do not)

Question 8

Right to legal advice

Answer 8

s.58 CJA 03

Question 9

D’s failure to mention something later relied on in court

Answer 9

s.34 CJPOA 94

Question 10

Direction to jury

Answer 10

Bresa
Cowan

Question 11

Failure to account for something

Answer 11

s.36 CJPOA 94

Question 12

Failure for D to account for being in a certain place

Answer 12

S.37 CJPOA 94