Exclusion of evidence Flashcards
What is a confession?
s82(1): any statement wholly or partly adverse to the statement maker
Who can a confession be made to?
anyone
Does a confession have to be in words?
No. Can also be a gesture
How can a confession be challenged under s76(2)(a)?
Oppression
Example: threat of violence
How can a confession be challenged under s76(2)(b)?
anything said or done (incl. omission) likely to render unreliable any confession
Example: promise, failure to interview minor with AA
On what grounds can evidence be excluded under s78?
s78: the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it
Example: D is denied access to legal advice, ID procedure not followed, failure to caution before questioning
Can the prosecution defend an application to exclude evidence under s76?
Yes. They must prove BRD that the evidence was not obtained in such a way