Criminal

Question 1

S 76 PACE

Answer 1

[only applies to confessions] - confessions must be excluded from
evidence where obtained by oppression or in circumstances that render it likely
unreliable
* Oppression - s 78(8) defines oppression as “torture, inhuman or degrading
treatment, and the use or threat of violence (whether or not amounting to
torture)”
* Unreliable - there must be a causal link between the confession and the
thing said or done; e.g., promising the accused bail if they confess, or telling
them they will be able to go home if they confess

Question 2

S 78 PACE

Answer 2

[applies to any evidence] - any evidence may be excluded “if it appears
to the court that, having regard to all the circumstances, including the circumstances
in which the evidence was obtained, the admission of the evidence would have such
an adverse effect on the fairness of the proceedings that the court ought not to
admit it”