Excluding Confessions - Applications Flashcards

1
Q

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

A

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

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2
Q

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

A

Option in Magistrate’s – Compulsory in Crown Court

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3
Q

What should defence statement include in exclusion of confession application?

A

Any points of law as to the admissibility of evidence

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4
Q

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

A

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

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5
Q

What are time limits on confession application?

A
  • At least 10 business days before trial and prosecution 5 business days after that
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6
Q

When is an exclusion of confession application dealt with?

A

Pre-trial

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7
Q

What is a voir dire?

A

A trial within a trial

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8
Q

When is a voir dire needed?

A

If there is a dispute on facts

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9
Q

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

A

Within a voir dire

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10
Q

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

A

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

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11
Q

What happens if no voir dire needed?

A

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

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12
Q

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

A

Raise these particular issues to the jury

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13
Q

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

A

As a preliminary issue

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