Evidence: Confession Flashcards
What is confession evidence?
Confession: Out-of-court statement and will usually be admitted to prove the truth of the matter stated (the admission). Exception to the rule against hearsay but is governed by additional rules under PACE
Who is affected by confession evidence?
s82 PACE: A confession is a statement that is ‘wholly or party adverse’ to the maker ‘whether made to a person in authority or not’. Evidence against the maker but not against any other person (e.g. co-defendant).
What is the nature of confession evidence?
Confessions are admissible hearsay evidence but can be subject to exclusions (PACE s.76 - 78)
What are the grounds for challenging the admissibility of confession evidence?
Grounds for challenging admissibility of confession evidence (PACE s.76 - s.78): O.U.F
1) Oppression: The confession was obtained by oppression
2) Unreliability: Things said or done to obtain the confession would make a confession unreliable
3) Fairness: Admitting the confession as evidence would have such an adverse effect on the fairness of proceedings that it should not be admitted
N.B: The fact that the confession may be true does not prevent it being inadmissible on either ground
How does s78 PACE (excluding prosecution evidence) come into play regarding confessions?
S78 PACE: Excluding evidence on the grounds of fairness - discretion.
→ Improper denial of access to legal advice or an appropriate adult
→ Breach of PACE Codes of Practice that is not oppressive or likely to render a confession unreliable but otherwise likely to render the trial unfair if admitted
→ Confessions obtained by lies, tricks or other dishonest conduct
→ Failure to record an interview properly
What will the court do when applying s78 PACE to confession evidence?
Court will balance the fairness to the defendant and to the wider public interest in securing admissible evidence.
The court will consider issues like the potential reliability or unreliability of the confession, scale of any breach or misconduct, impact on the defendant, level of fault of such breach.
Is there a burden of proof to disprove s78 PACE?
There is no burden of proof for the prosecution to discharge in relation to s78 (unlike s76). It is a matter of balancing the arguments on both sides and determining the overall interests of fairness.
What can the defence do if the confession is not excluded?
If the defence fails to have the confession excluded, it can still challenge its weight on the same basis in front of the tribunal of fact
