Excluding Confessions - Applications Flashcards
What are the key aspects of making an exclusion of confession application?
1) Advance notification
2) Timing
3) Voir dire
4) Submissions
Does the defendant need to serve defence statement on the court?
Option in Magistrate’s – Compulsory in Crown Court
What should defence statement include in exclusion of confession application?
Any points of law as to the admissibility of evidence
What will the judge order at a Plea and Trial Preparation Hearing or Further Case Management Hearing in relation to exclusion of confession/
Require defence to serve skeleton argument in support of s76/78 and a response from the prosecution
What are time limits on confession application?
- At least 10 business days before trial and prosecution 5 business days after that
When is an exclusion of confession application dealt with?
Pre-trial
What is a voir dire?
A trial within a trial
When is a voir dire needed?
If there is a dispute on facts
How does a prosecution prove beyond reasonable doubt that defence is wrong?
Within a voir dire
What happens if a judge fails to resolve disputed facts on a voir dire before ruling on admissibility?
Even if not specifically invited to do so, any resulting conviction is likely to be quashed
What happens if no voir dire needed?
Each party will make submissions in light of the prior skeleton argument that they had drafted
If a judge does not strike out confession evidence, what does the D have a right to still do during the trial?
Raise these particular issues to the jury
At what point in trial process will application to exclude evidence be dealt with in the Magistrates’ court?
As a preliminary issue