Excluding Confessions - Applications

Question 1

What are the key timeline aspects of making an exclusion of confession application?

Answer 1

1) Advance notification
2) Timing
3) Voir dire
4) Submissions

Question 2

Does the defendant need to serve defence statement on the court?

Answer 2

Option in Magistrate’s – Compulsory in Crown Court

Question 3

What should defence statement include in exclusion of confession application?

Answer 3

Any points of law as to the admissibility of evidence

Question 4

What will the judge order at a Plea and Trial Preparation Hearing or Further Case Management Hearing in relation to exclusion of confession?

Answer 4

Require defence to serve skeleton argument in support of s76/78 and a response from the prosecution

Question 5

What are time limits on confession application?

Answer 5

• At least 10 business days before trial and prosecution 5 business days after that

Question 6

When is an exclusion of confession application dealt with?

Answer 6

Pre-trial

Question 7

What is a voir dire?

Answer 7

A trial within a trial

Question 8

When is a voir dire needed?

Answer 8

If there is a dispute on facts

Question 9

Where does a prosecution prove beyond reasonable doubt that defence is wrong?

Answer 9

Within a voir dire

Question 10

What happens if a judge fails to resolve disputed facts on a voir dire before ruling on admissibility?

Answer 10

Even if not specifically invited to do so, any resulting conviction is likely to be quashed

Question 11

What happens if no voir dire needed?

Answer 11

Each party will make submissions in light of the prior skeleton argument that they had drafted

Question 12

If a judge does not strike out confession evidence, what does the D have a right to still do during the trial?

Answer 12

Raise these particular issues to the jury

Question 13

At what point in trial process will application to exclude evidence be dealt with in the Magistrates’ court?

Answer 13

As a preliminary issue