Excluding Confessions - Applications Flashcards
What is a voir dire in the context of excluding a confession under s.76 PACE?
A. A hearing to resolve disputed facts about how a confession was obtained, held without the jury
B. A mini-trial held in open court and in the presence of the jury
C. A summary argument submitted before the trial begins
D. A procedural form to be submitted to challenge the prosecution
A. A hearing to resolve disputed facts about how a confession was obtained, held without the jury
Explanation: A voir dire is a special hearing used when the admissibility of a confession is challenged under s.76 PACE. It allows the judge to hear evidence and resolve factual disputes before ruling on admissibility. It happens in the absence of the jury to avoid prejudice.
In the Crown Court, when must an application to exclude a confession under s.76 PACE be made?
A. Only during the jury’s deliberation stage
B. At any point before the sentencing hearing
C. Before the confession is introduced, often at a pre-trial hearing or before opening speeches
D. During cross-examination of the defendant
C. Before the confession is introduced, often at a pre-trial hearing or before opening speeches
Explanation: Applications under s.76 should be made before the prosecution introduces the confession. This is often done at a pre-trial hearing or just before the trial starts to avoid prejudicing the jury.
What happens if the judge rules a confession inadmissible under s.76 PACE?
A. The defence must submit an alternative explanation
B. The confession may still be discussed by the prosecution in cross-examination
C. The prosecution cannot refer to the confession during the trial
D. The jury must be instructed to disregard it after hearing it
C. The prosecution cannot refer to the confession during the trial
Explanation: Once a confession is ruled inadmissible, it is excluded from the case entirely. The prosecution is barred from relying on or referring to it in front of the jury.
Which of the following is true about magistrates hearing s.76 applications?
A. They must always hear the full trial before ruling on admissibility
B. They have no power to exclude evidence under PACE
C. They must resolve factual disputes and exclude inadmissible confessions as a preliminary issue
D. They are required to transfer the case to the Crown Court if confession evidence is disputed
C. They must resolve factual disputes and exclude inadmissible confessions as a preliminary issue
Explanation: Magistrates are responsible for both law and fact. If confession evidence is disputed, they must deal with it as a preliminary issue and exclude it if inadmissible.
During a robbery trial in the Crown Court, the defence serves a skeleton argument alleging that the defendant’s confession was unreliable due to sleep deprivation. The prosecution agrees to the facts but says the breach is not serious. What should happen?
A. The jury must be informed and decide
B. A voir dire must be held immediately
C. The judge should accept the confession as true
D. A voir dire is not required, and the judge will decide admissibility on submissions
D. A voir dire is not required, and the judge will decide admissibility on submissions
Explanation: When facts are agreed, no voir dire is needed. The judge will hear legal submissions and decide the admissibility of the confession based on those arguments.
A defendant in a magistrates’ court applies to exclude a confession under s.78 PACE due to unfairness. The evidence is not in dispute. How should the magistrates proceed?
A. They must hear oral evidence from both sides
B. They have discretion to decide admissibility later in the trial
C. They must call a jury to assess credibility
D. They must strike out the entire prosecution case
B. They have discretion to decide admissibility later in the trial
Explanation: When only s.78 is in play and facts are not disputed, magistrates have discretion to hear the evidence as it arises and then rule on admissibility later.
A defendant alleges that the police threatened to harm his family if he did not confess. The prosecution denies this. What is the correct procedure in the Crown Court?
A. The judge makes a ruling based on submissions alone
B. The issue should be left entirely to the jury
C. The prosecution must withdraw the confession
D. A voir dire should be held to resolve the factual dispute
D. A voir dire should be held to resolve the factual dispute
Explanation: Where there’s a factual dispute under s.76(2), a voir dire is required to determine whether the confession was obtained through oppression or other improper means.
The only evidence against the defendant is a confession. The judge finds that it was obtained after a significant breach of Code C, including failure to provide legal advice. What should the judge do?
A. Allow the evidence if the breach was not intentional
B. Leave it to the jury with a caution
C. Exclude the confession under s.78 if fairness is compromised
D. Require the prosecution to re-interview the defendant
C. Exclude the confession under s.78 if fairness is compromised
Explanation: Under s.78, if admitting the confession would have such an adverse effect on fairness due to serious breaches, the judge must exclude it.
