Exclusion of Confessions

Question 1

Are confessions generally admissible in criminal trials?

Answer 1

Yes if they are an admission of the offence

Question 1

What is a confession? (three elements)

Answer 1

1. Any statement wholly or partly adverse to the person who made it;
2. Whether made to a person in authority or not;
3. Whether made in words or otherwise.

Question 2

What is the relevant test in PACE that applies exclusively to the exclusion of confessions?

Answer 2

s76 PACE - confessions must be excluded if due to:
1. Oppression
2. Things said/done to render the confession unreliable

Question 3

What is the 4 step roadmap for applying to exclude confessions?

Answer 3

1. Set out s76 PACE
2. Remind the court that once admissibility is challenged, it is for P to prove beyond reasonable doubt that the confession is not unreliable
3. Identify oppression or things/said done
4. Show causation from oppression or things said/done to the confession

Question 4

What other test can be relied on for excluding evidence?

How is this different to s76?

Answer 4

s78 PACE - admission of evidence would have such an adverse effect on fairness of proceedings that the court ought not to admit it

s76 - Mandatory - Court MUST exclude confession

s78 - Discretionary - Court MAY exclude confession (or any other evidence)