SGS 5 - Evidence Flashcards
Where can you find the definition of a confession?
s82(1) PACE
In which circumstances might a confession be inadmissible?
s76(2)(a) - obtained by oppression
s76(2)(b) - obtained by things said or done which render the confession unreliable
s78 - unfair to admit
For oppression s76(2)(a) / things said or done (s76(2)(b) to apply, what do you need to show?
A causal link so e.g the oppression caused the confession
Under s78, what might induce the court to refuse evidence and what will the breach need to be?
Breaches of PACE.
The breach will need to be significant and substantial as per Walsh
When does Turnbull come into play?
1) D disputes identification evidence
2) Identification evidence is wholly or substantially the only evidence implicating D
Where Turnbull applies, what options does the judge have?
1) the evidence is so weak that a conviction would be unsafe - withdraw the case
2) evidence is strong enough for the jury to decide - allow case to proceed but give the Turnbull warning
What are the 3 elements of the Turnbull warning?
1) Instruct the jury as to the reason for the need for such a warning: mistaken witnesses can be convincing
2) Direct the jury to examine the circumstances in which the identification by each witness came to be made
3) remind the jury of any specific weaknesses in the identification evidence
In bad character evidence - what are the two offences of ‘offences of the same category’ under s103(4)(b)
- Theft offences
- Sexual offences
What guidance does the case of Hanson give with regard to the admissibility of bad character evidence?
1) the fewer the convictions the weaker the evidence
2) a single previous conviction will probably not show propensity unless it is unusual in its circumstances
3) propensity is not limited to categories or types of convictions so take into account similar ones too
